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[英语世界] 中华人民共和国民事诉讼法-英汉对照法律英语

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发表于 2017-9-4 14:03:02 | 显示全部楼层 |阅读模式

  CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA

  目 录

  Contents

  第一编 总 则

  Part One General Provisions

  第一章 任务、适用范围和基本原则

  "CHAPTER I The Aim, Scope of Application and Basic Principles "

  第二章 管 辖

  CHAPTER II Jurisdiction

  第一节 级别管辖

  Section 1 Jurisdiction by Forum Level

  第二节 地域管辖

  Section 2 Territorial Jurisdiction

  第三节 移送管辖和指定管辖

  Section 3 Transfer and Designation of Jurisdiction

  第三章 审判组织

  CHAPTER III Trial Organization

  第四章 回 避

  CHAPTER IV Withdrawal

  第五章 诉讼参加人

  CHAPTER V Participants in Proceedings

  第一节 当事人

  Section 1 Parties

  第二节 诉讼代理人

  Section 2 Agents ad Litem

  第六章 证 据

  CHAPTER VI Evidence

  第七章 期间、送达

  CHAPTER VII Time Periods and Service

  第一节 期 间

  Section 1 Time Periods

  第二节 送 达

  Section 2 Service

  第八章 调 解

  CHAPTER VIII Conciliation

  第九章 财产保全和先予执行

  CHAPTER IX Property Preservation and Advance Execution

  第十章 对妨害民事诉讼的强制措施

  CHAPTER X Compulsory Measures Against Obstruction of Civil Proceedings

  第十一章 诉讼费用

  CHAPTER XI Litigation Costs Part Two Trial Procedure

  第十二章 第一审普通程序

  CHAPTER XII Ordinary Procedure of First Instance

  第一节 起诉和受理

  Section 1 Bringing a Lawsuit and Entertaining a Case

  第二节 审理前的准备

  Section 2 Preparations for Trial

  第三节 开庭审理

  Section 3 Trial in Court

  第四节 诉讼中止和终结

  Section 4 Suspension and Termination of Litigation

  第五节 判决和裁定

  Section 5 Judgment and Order

  第十三章 简易程序

  CHAPTER XIII Summary Procedure

  第十四章 第二审程序

  CHAPTER XIV Procedure of Second Instance

  第十五章 特别程序

  CHAPTER XV Special Procedure

  第一节 一般规定

  Section 1 General Provisions

  第二节 选民资格案件

  Section 2 Cases Concerning the Qualification of Voters

  第三节 宣告失踪、宣告死亡案件

  Section 3 Cases Concerning the Declaration of a Person as Missing or Dead

  第四节 认定公民无民事行为能力、限制民事行为能力案件

  Section 4 Cases Concerning the Adjudgment of Legal Incapacity or Restricted Legal Capacity of Citizens

  第五节 认定财产无主案件

  Section 5 Cases Concerning the Determination of a Property as Ownerless

  第十六章 审判监督程序

  CHAPTER XVI Procedure for Trial Supervision

  第十七章 督促程序

  CHAPTER XVII Procedure for Hastening Debt Recovery

  第十八章 公示催告程序

  CHAPTER XVIII Procedure for Publicizing Public Notice for Assertion of Claims

  第十九章 企业法人破产还债程序

  CHAPTER XIX Procedure for Bankruptcy and Debt Repayment of Legal Person Enterprises

  第三编 执行程序

  Part Three Procedure of Execution

  第二十章 一般规定

  CHAPTER XX General Provisions

  第二十一章 执行的申请和移送

  CHAPTER XXI Application for Execution and Referral

  第二十二章 执行措施

  CHAPTER XXII Execution Measures

  第二十三章 执行中止和终结

  CHAPTER XXIII Suspension and Termination of Execution

  第四编 涉外民事诉讼程序的特别规定

  Part Four Special Provisions for Civil Procedure of Cases Involving Foreign Element

  第二十四章 一般原则

  CHAPTER XXIV General Principles

  第二十五章 管 辖

  CHAPTER XXV Jurisdiction

  第二十六章 送达、期间

  CHAPTER XXVI Service and Time Periods

  第二十七章 财产保全

  CHAPTER XXVII Property Preservation

  第二十八章 仲 裁

  CHAPTER XXVIII Arbitration

  第二十九章 司法协助

  CHAPTER XXIX Judicial Assistance

  第一编 总 则

  PART ONE GENERAL PROVISIONS

  第一章 任务、适用范围和基本原则

  "Chapter I The Aim, Scope of Application and Basic Principles"

  第一条 中华人民共和国民事诉讼法以宪法为根据,结合我国民事审判工作的经验和实际情况制定。

  Article 1 The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in the light of the experience and actual conditions of our country in the trial of civil cases.

  第二条 中华人民共和国民事诉讼法的任务,是保护当事人行使诉讼权利,保证人民法院查明事实,分清是非,正确适用法律,及时审理民事案件,确认民事权利义务关系,制裁民事违法行为,保护当事人的合法权益,教育公民自觉遵守法律,维护社会秩序、经济秩序,保障社会主义建设事业顺利进行。

  "Article 2 The Civil Procedure Law of the People's Republic of China aims to protect the exercise of the litigation rights of the parties and ensure the ascertaining of facts by the people's courts, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm civil rights and obligations, impose sanctions for civil wrongs, protect the lawful rights and interests of the parties, educate citizens to voluntarily abide by the law, maintain the social and economic order, and guarantee the smooth progress of the socialist construction."

  第三条 人民法院受理公民之间、法人之间、其他组织之间以及他们相互之间因财产关系和人身关系提起的民事诉讼,适用本法的规定。

  "Article 3 In dealing with civil litigation arising from disputes on property and personal relations between citizens, legal persons or other organizations and between the three of them, the people's courts shall apply the provisions of this Law."

  第四条 凡在中华人民共和国领域内进行民事诉讼,必须遵守本法。

  Article 4 Whoever engages in civil litigation within the territory of the People's Republic of China must abide by this Law.

  第五条 外国人、无国籍人、外国企业和组织在人民法院起诉、应诉,同中华人民共和国公民、法人和其他组织有同等的诉讼权利义务。

  "Article 5 Aliens, stateless persons, foreign enterprises and organizations that bring suits or enter appearance in the people's courts shall have the same litigation rights and obligations as citizens, legal persons and other organizations of the People's Republic of China."

  外国法院对中华人民共和国公民、法人和其他组织的民事诉讼权利加以限制的,中华人民共和国人民法院对该国公民、企业和组织的民事诉讼权利,实行对等原则。

  "If the courts of a foreign country impose restrictions on the civil litigation rights of the citizens, legal persons and other organizations of the People's Republic of China, the people's courts of the People's Republic of China shall follow the principle of reciprocity regarding the civil litigation rights of the citizens, enterprises and organizations of that foreign country."

  第六条 民事案件的审判权由人民法院行使。

  Article 6 The people's courts shall exercise judicial powers with respect to civil cases.

  人民法院依照法律规定对民事案件独立进行审判,不受行政机关、社会团体和个人的干涉。

  "The people's courts shall try civil cases independently in accordance with the law, and shall be subject to no interference by any administrative organ, public organization or individual."

  第七条 人民法院审理民事案件,必须以事实为根据,以法律为准绳。

  "Article 7 In trying civil cases, the people's courts must base themselves on facts and take the law as the criterion."

  第八条 民事诉讼当事人有平等的诉讼权利。人民法院审理民事案件,应当保障和便利当事人行使诉讼权利,对当事人在适用法律上一律平等。

  "Article 8 The parties in civil litigation shall have equal litigation rights. The people's courts shall, in conducting the trials, safeguard their rights, facilitate their exercising the rights, and apply the law equally to them."

  第九条 人民法院审理民事案件,应当根据自愿和合法的原则进行调解;调解不成的,应当及时判决。

  "Article 9 In trying civil cases, the people's courts shall conduct conciliation for the parties on a voluntary and lawful basis; if conciliation fails, judgments shall be rendered without delay."

  第十条 人民法院审理民事案件,依照法律规定实行合议、回避、公开审判和两审终审制度。

  "Article 10 In trying civil cases, the people's courts shall, according to the provisions of the law, follow the systems of panel hearing, withdrawal, public trial and the court of second instance being that of last instance."

  第十一条 各民族公民都有用本民族语言、文字进行民事诉讼的权利。

  Article 11 Citizens of all nationalities shall have the right to use their native spoken and written languages in civil proceedings.

  在少数民族聚居或者多民族共同居住的地区,人民法院应当用当地民族通用的语言、文字进行审理和发布法律文书

  "Where minority nationalities live in aggregation in a community or where several nationalities live together in one area, the people's courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local nationalities."

  人民法院应当对不通晓当地民族通用的语言、文字的诉讼参与人提供翻译。

  The people's courts shall provide translations for any participant in the proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.

  第十二条 人民法院审理民事案件时,当事人有权进行辩论。

  Article 12 Parties to civil actions are entitled in the trials by the people's courts to argue for themselves.

  第十三条 当事人有权在法律规定的范围内处分自己的民事权利和诉讼权利。

  Article 13 The parties are free to deal with their own civil rights and litigation rights the way they prefer within the scope provided by the law.

  第十四条 人民检察院有权对民事审判活动实行法律监督。

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

  第十五条 机关、社会团体、企业事业单位对损害国家、集体或者个人民事权益的行为,可以支持受损害的单位或者个人向人民法院起诉。

  "Article 15 Where an act has infringed upon the civil rights and interests of the State, a collective organization or an individual, any State organ, public organization, enterprise or institution may support the injured unit or individual to bring an action in a people's court."

  第十六条 人民调解委员会是在基层人民政府和基层人民法院指导下,调解民间纠纷的群众性组织。

  Article 16 The people's conciliation committees shall be mass organizations to conduct conciliation of civil disputes under the guidance of the grass- roots level people's governments and the basic level people's courts.

  人民调解委员会依照法律规定,根据自愿原则进行调解。

  The people's conciliation committee shall conduct conciliation for the parties according to the Law and on a voluntary basis.

  当事人对调解达成的协议应当履行;不愿调解、调解不成或者反悔的,可以向人民法院起诉。

  The parties concerned shall carry out the settlement agreement reached through conciliation; those who decline conciliation or those for whom conciliation has failed or those who have backed out of the settlement agreement may institute legal proceedings in a people's court.

  人民调解委员会调解民间纠纷,如有违背法律的,人民法院应当予以纠正。

  "If a people's conciliation committee, in conducting conciliation of civil disputes, acts contrary to the law, rectification shall be made by the people's court."

  第十七条 民族自治地方的人民代表大会根据宪法和本法的原则,结合当地民族的具体情况,可以制定变通或者补充的规定。

  "Article 17 The people's congresses of the national autonomous regions may formulate, in accordance with the Constitution and the principles of this Law, and in conjunction with the specific circumstances of the local nationalities, adaptive and supplementary provisions. "

  自治区的规定,报全国人民代表大会常务委员会批准。

  Such provisions made by an autonomous region shall be submitted to the Standing Committee of the National People's Congress for approval;

  自治州、自治县的规定,报省或者自治区的人民代表大会常务委员会批准,并报全国人民代表大会常务委员会备案。

  those made by an autonomous prefecture or autonomous county shall be submitted to the standing committee of the people's congress of the relevant province or autonomous region for approval and to the Standing Committee of the National People's Congress for the record.

  第二章 管 辖

  Chapter II Jurisdiction

  第一节 级别管辖

  Section 1 Jurisdiction by Forum Level

  第十八条 基层人民法院管辖第一审民事案件,但本法另有规定的除外。

  "Article 18 The basic people's courts shall have jurisdiction as courts of first instance over civil cases, unless otherwise provided in this Law."

  第十九条 中级人民法院管辖下列第一审民事案件:

  Article 19 The intermediate people's courts shall have jurisdiction as courts of first instance over the following civil cases:

  (一)重大涉外案件;

  (1) major cases involving foreign element;

  (二)在本辖区有重大影响的案件;

  (2) cases that have major impact on the area under their jurisdiction; and

  (三)最高人民法院确定由中级人民法院管辖的案件。

  (3) cases as determined by the Supreme People's Court to be under the jurisdiction of the intermediate people's courts.

  第二十条 高级人民法院管辖在本辖区有重大影响的第一审民事案件。

  Article 20 The high people's courts shall have jurisdiction as courts of first instance over civil cases that have major impact on the areas under their jurisdiction.

  第二十一条 最高人民法院管辖下列第一审民事案件:

  Article 21 The Supreme People's Court shall have jurisdiction as the court of first instance over the following civil cases:

  (一)在全国有重大影响的案件;

  (1) cases that have major impact on the whole country;

  (二)认为应当由本院审理的案件。

  and (2) cases that the Supreme People's Court deems it should try.

  第二节 地域管辖

  Section 2 Territorial Jurisdiction

  第二十二条 对公民提起的民事诉讼,由被告住所地人民法院管辖;被告住所地与经常居住地不一致的,由经常居住地人民法院管辖。

  "Article 22 A civil lawsuit brought against a citizen shall be under the jurisdiction of the people's court of the place where the defendant has his domicile; if the place of the defendant's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of his habitual residence."

  对法人或者其他组织提起的民事诉讼,由被告住所地人民法院管辖。

  A civil lawsuit brought against a legal person or any other organization shall be under the jurisdiction of the people's court of the place where the defendant has his domicile.

  同一诉讼的几个被告住所地、经常居住地在两个以上人民法院辖区的,各该人民法院都有管辖权。

  "Where the domiciles or habitual residences of several defendants in the same lawsuit are in the areas under the jurisdiction of two or more people's courts, all of those people's courts shall have jurisdiction over the lawsuit."

  第二十三条 下列民事诉讼,由原告住所地人民法院管辖;原告住所地与经常居住地不一致的,由原告经常居住地人民法院管辖:

  "Article 23 The civil lawsuits described below shall be under the jurisdiction of the people's court of the place where the plaintiff has his domicile; if the place of the plaintiff's domicile is different from that of his habitual residence, the lawsuit shall be under the jurisdiction of the people's court of the place of the plaintiff's habitual residence: "

  (一)对不在中华人民共和国领域内居住的人提起的有关身份关系的诉讼;

  (1) those concerning personal status brought against persons not residing within the territory of the People's Republic of China;

  (二)对下落不明或者宣告失踪的人提起的有关身份关系的诉讼;

  (2) those concerning the personal status of persons whose whereabouts are unknown or who have been declared as missing;

  (三)对被劳动教养的人提起的诉讼;

  (3) those brought against persons who are undergoing rehabilitation through labour;

  (四)对被监禁的人提起的诉讼。

  and (4) those brought against persons who are in imprisonment.

  第二十四条 因合同纠纷提起的诉讼,由被告住所地或者合同履行地人民法院管辖。

  Article 24 A lawsuit brought on a contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the contract is performed.

  第二十五条 合同的双方当事人可以在书面合同中协议选择被告住所地、合同履行地、合同签订地、原告住所地、标的物所在地人民法院管辖,但不得违反本法对级别管辖和专属管辖的规定。

  "Article 25 The parties to a contract may agree to choose in their written contract the people's court of the place where the defendant has his domicile, where the contract is performed, where the contract is signed, where the plaintiff has his domicile or where the object of the action is located to exercise jurisdiction over the case, provided that the provisions of this Law regarding jurisdiction by forum level and exclusive jurisdiction are not violated."

  第二十六条 因保险合同纠纷提起的诉讼,由被告住所地或者保险标的物所在地人民法院管辖。

  Article 26 A lawsuit brought on an insurance contract dispute shall be under the jurisdiction of the people's court of the place where the defendant has his domicile or where the insured object is located.

  第二十七条 因票据纠纷提起的诉讼,由票据支付地或者被告住所地人民法院管辖。

  Article 27 A lawsuit brought on a bill dispute shall be under the jurisdiction of the people's court of the place where the bill is to be paid or where the defendant has his domicile.

  第二十八条 因铁路、公路、水上、航空运输和联合运输合同纠纷提起的诉讼,由运输始发地、目的地或者被告住所地人民法院管辖。

  "Article 28 A lawsuit arising from a dispute over a railway, road, water, or air transport contract or over a combined transport contract shall be under the jurisdiction of the people's court of the place of dispatch or the place of destination or where the defendant has his domicile."

  第二十九条 因侵权行为提起的诉讼,由侵权行为地或者被告住所地人民法院管辖。

  Article 29 A lawsuit brought on a tortious act shall be under the jurisdiction of the people's court of the place where the tort is committed or where the defendant has his domicile.

  第三十条 因铁路、公路、水上和航空事故请求损害赔偿提起的诉讼,由事故发生地或者车辆、船舶最先到达地、航空器最先降落地或者被告住所地人民法院管辖。

  "Article 30 A lawsuit brought on claims for damages caused by a railway, road, water transport or air accident shall be under the jurisdiction of the people's court of the place where the accident occurred or where the vehicle or ship first arrived after the accident or where the aircraft first landed after the accident, or where the defendant has his domicile."

  第三十一条 因船舶碰撞或者其他海事损害事故请求损害赔偿提起的诉讼,由碰撞发生地、碰撞船舶最先到达地、加害船舶被扣留地或者被告住所地人民法院管辖。

  "Article 31 A lawsuit brought on claims for damages caused by a collision at sea or by any other maritime accident shall be under the jurisdiction of the people's court of the place where the collision occurred or where the ship in collision first docked after the accident or where the ship at fault was detained, or where the defendant has his domicile."

  第三十二条 因海难救助费用提起的诉讼,由救助地或者被救助船舶最先到达地人民法院管辖。

  Article 32 A lawsuit instituted for expenses of maritime salvage shall be under the jurisdiction of the people's court of the place where the salvage took place or where the salvaged ship first docked after the disaster.

  第三十三条 因共同海损提起的诉讼,由船舶最先到达地、共同海损理算地或者航程终止地的人民法院管辖。

  Article 33 A lawsuit brought for general average shall be under the jurisdiction of the people's court of the place where the ship first docked or where the adjustment of general average was conducted or where the voyage ended.

  第三十四条 下列案件,由本条规定的人民法院专属管辖:

  Article 34 The following cases shall be under the exclusive jurisdiction of the people's courts herein specified:

  (一)因不动产纠纷提起的诉讼,由不动产所在地人民法院管辖;

  (1) a lawsuit brought on a dispute over real estate shall be under the jurisdiction of the people's court of the place where the estate is located;

  (二)因港口作业中发生纠纷提起的诉讼,由港口所在地人民法院管辖;

  (2) a lawsuit brought on a dispute over harbour operations shall be under the jurisdiction of the people's court of the place where the harbour is located;

  (三)因继承遗产纠纷提起的诉讼,由被继承人死亡时住所地或者主要遗产所在地人民法院管辖。

  "and (3) a lawsuit brought on a dispute over succession shall be under the jurisdiction of the people's court of the place where the decedent had his domicile upon his death, or where the principal part of his estate is located."

  第三十五条 两个以上人民法院都有管辖权的诉讼,原告可以向其中一个人民法院起诉;

  "Article 35 When two or more people's courts have jurisdiction over a lawsuit, the plaintiff may bring his lawsuit in one of these people's courts; "

  原告向两个以上有管辖权的人民法院起诉的,由最先立案的人民法院管辖。

  "if the plaintiff brings the lawsuit in two or more people's courts that have jurisdiction over the lawsuit, the people's court in which the case was first entertained shall have jurisdiction."

  第三节 移送管辖和指定管辖

  Section 3 Transfer and Designation of Jurisdiction

  第三十六条 人民法院发现受理的案件不属于本院管辖的,应当移送有管辖权的人民法院,受移送的人民法院应当受理。

  "Article 36 If a people's court finds that a case it has entertained is not under its jurisdiction, it shall refer the case to the people's court that has jurisdiction over the case. "

  受移送的人民法院认为受移送的案件依照规定不属于本院管辖的,应当报请上级人民法院指定管辖,不得再自行移送。

  "The people's court to which a case has been referred shall entertain the case, and if it considers that, according to the relevant regulations, the case referred to it is not under its jurisdiction, it shall report to a superior people's court for the designation of jurisdiction and shall not independently refer the case again to another people's court."

  第三十七条 有管辖权的人民法院由于特殊原因,不能行使管辖权的,由上级人民法院指定管辖。

  "Article 37 If a people's court which has jurisdiction over a case is unable to exercise the jurisdiction for special reasons, a superior people's court shall designate another court to exercise jurisdiction."

  人民法院之间因管辖权发生争议,由争议双方协商解决;协商解决不了的,报请它们的共同上级人民法院指定管辖。

  "In the event of a jurisdictional dispute between two or more people's courts, it shall be resolved by the disputing parties through consultation; if the dispute cannot be so resolved, it shall be reported to their common superior people's court for the designation of jurisdiction."

  第三十八条 人民法院受理案件后,当事人对管辖权有异议的,应当在提交答辩状期间提出。

  "Article 38 If a party to an action objects to the jurisdiction of a people's court after the court has entertained the case, the party must raise the objection within the period prescribed for the submission of defence. "

  人民法院对当事人提出的异议,应当审查。

  The people's court shall examine the objection.

  异议成立的,裁定将案件移送有管辖权的人民法院;异议不成立的,裁定驳回。

  "If the objection is established, the people's court shall order the case to be transferred to the people's court that has jurisdiction over it; if not, the people's court shall reject it."

  第三十九条 上级人民法院有权审理下级人民法院管辖的第一审民事案件,也可以把本院管辖的第一审民事案件交下级人民法院审理。

  Article 39 The people's courts at higher levels shall have the power to try civil cases over which the people's courts at lower levels have jurisdiction as courts of first instance; they may also transfer civil cases over which they themselves have jurisdiction as courts of first instance to people's courts at lower levels for trial.

  下级人民法院对它所管辖的第一审民事案件,认为需要由上级人民法院审理的,可以报请上级人民法院审理。

  "If a people's court at a lower level that has jurisdiction over a civil case as court of first instance deems it necessary to have the case to be tried by a people's court at a higher level, it may submit it to and request the people's court at a higher level to try the case."

  第三章 审判组织

  Chapter III Trial Organization

  第四十条 人民法院审理第一审民事案件,由审判员、陪审员共同组成合议庭或者由审判员组成合议庭。

  Article 40 The people's court of first instance shall try civil cases by a collegial panel composed of both judges and judicial assessors or of judges alone.

  合议庭的成员人数,必须是单数。

  The collegial panel must have an odd number of members.

  适用简易程序审理的民事案件,由审判员一人独任审理。

  Civil cases in which summary procedure is followed shall be tried by a single judge alone.

  陪审员在执行陪审职务时,与审判员有同等的权利义务。

  "When performing their duties, the judicial assessors shall have equal rights and obligations as the judges."

  第四十一条 人民法院审理第二审民事案件,由审判员组成合议庭。

  Article 41 The people's court of second instance shall try civil cases by a collegial panel of judges.

  合议庭的成员人数,必须是单数。

  The collegial panel must have an odd number of members.

  发回重审的案件,原审人民法院应当按照第一审程序另行组成合议庭。

  "For the retrial of a remanded case, the people's court of first instance shall form a new collegial panel in accordance with the procedure of first instance."

  审理再审案件,原来是第一审的,按照第一审程序另行组成合议庭;

  " If a case for retrial was originally tried at first instance, a new collegial panel shall be formed according to the procedure of first instance; "

  原来是第二审的或者是上级人民法院提审的,按照第二审程序另行组成合议庭。

  "if the case was originally tried at second instance or was brought by a people's court at a higher level to it for trial, a new collegial panel shall be formed according to the procedure of second instance."

  第四十二条 合议庭的审判长由院长或者庭长指定审判员一人担任;院长或者庭长参加审判的,由院长或者庭长担任。

  "Article 42 The president of the court or the chief judge of a division of the court shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in the trial, he himself shall serve as the presiding judge."

  第四十三条 合议庭评议案件,实行少数服从多数的原则。

  "Article 43 When deliberating a case, a collegial panel shall observe the rule of majority. "

  评议应当制作笔录,由合议庭成员签名。

  "The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel."

  评议中的不同意见,必须如实记入笔录。

  Dissenting opinions in the deliberations must be truthfully entered in the transcript.

  第四十四条 审判人员应当依法秉公办案。

  Article 44 The judicial officers shall deal with all cases impartially and in accordance with the law.

  审判人员不得接受当事人及其诉讼代理人请客送礼。

  The judicial officers shall not accept any treat or gift from the parties or their agents ad litem.

  审判人员有贪污受贿,徇私舞弊,枉法裁判行为的,应当追究法律责任;构成犯罪的,依法追究刑事责任。

  "Any judicial officer who commits embezzlement, accepts bribes, engages in malpractice for personal benefits or who perverts the law in passing judgment shall be investigated for legal responsibility; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to the law."

  第四章 回 避

  Chapter IV Withdrawal

  第四十五条 审判人员有下列情形之一的,必须回避,当事人有权用口头或者书面方式申请他们回避:

  "Article 45 A judicial officer shall of himself withdraw from the case, and the parties thereto shall be entitled to apply orally or in writing for his withdrawal in any of the following circumstances: "

  (一)是本案当事人或者当事人、诉讼代理人的近亲属;

  (1) he being a party to the case or a near relative of a party or an agent ad litem in the case;

  (二)与本案有利害关系;

  (2) he being an interested party in the case;

  (三)与本案当事人有其他关系,可能影响对案件公正审理的。

  "or (3) he having some other kind of relationship with a party to the case, which might affect the impartiality of the trial."

  前款规定,适用于书记员、翻译人员、鉴定人、勘验人。

  "The above provisions shall also apply to clerks, interpreters, expert witnesses and inspection personnel."

  第四十六条 当事人提出回避申请,应当说明理由,在案件开始审理时提出;

  "Article 46 In applying for the withdrawal, the party shall state the reason and submit the application at the beginning of the proceedings; "

  回避事由在案件开始审理后知道的,也可以在法庭辩论终结前提出。

  the application may also be submitted before the closing of arguments in court if the reason for the withdrawal is known to him only after the proceedings begin.

  被申请回避的人员在人民法院作出是否回避的决定前,应当暂停参与本案的工作,但案件需要采取紧急措施的除外。

  "Pending a decision by the people's court regarding the withdrawal applied for, the judicial officer concerned shall temporarily suspend his participation in the proceedings, with the exception, however, of cases that require the taking of emergency measures."

  第四十七条 院长担任审判长时的回避,由审判委员会决定;审判人员的回避,由院长决定;其他人员的回避,由审判长决定。

  Article 47 The withdrawal of the presiding judge who is president of the court shall be decided by the judicial committee; the withdrawal of judicial officers shall be decided by the court president; and the withdrawal of other personnel by the presiding judge.

  第四十八条 人民法院对当事人提出的回避申请,应当在申请提出的三日内,以口头或者书面形式作出决定。

  Article 48 The decision of a people's court on an application made by any party for withdrawal shall be made orally or in writing within three days after the application was made.

  申请人对决定不服的,可以在接到决定时申请复议一次。

  "If the applicant is not satisfied with the decision, he may apply for reconsideration which could be granted only once. "

  复议期间,被申请回避的人员,不停止参与本案的工作。

  "During the period of reconsideration, the person whose withdrawal has been applied for shall not suspend his participation in the proceedings."

  人民法院对复议申请,应当在三日内作出复议决定,并通知复议申请人。

  The decision of a people's court on the reconsideration shall be made within three days after receiving the application and the applicant shall be notified of it accordingly.

  第五章 诉讼参加人 第一节 当事人

  Chapter V Participants in Proceedings Section 1 Parties

  第四十九条 公民、法人和其他组织可以作为民事诉讼的当事人。

  "Article 49 Any citizen, legal person and any other organization may become a party to a civil action."

  法人由其法定代表人进行诉讼。

  Legal persons shall be represented by their legal representatives in the litigation.

  其他组织由其主要负责人进行诉讼。

  Other organizations shall be represented by their principal heads in the proceedings.

  第五十条 当事人有权委托代理人,提出回避申请,收集、提供证据,进行辩论,请求调解,提起上诉,申请执行。

  "Article 50 Parties to an action shall have the right to appoint agents, apply for withdrawals, collect and provide evidence, proffer arguments, request conciliation, file an appeal and apply for execution."

  当事人可以查阅本案有关材料,并可以复制本案有关材料和法律文书

  Parties to an action may have access to materials pertaining to the case and make copies thereof and other legal documents pertaining to the case.

  查阅、复制本案有关材料的范围和办法由最高人民法院规定。

  The scope of and rules for consulting and making copies of them shall be specified by the Supreme People's Court.

  当事人必须依法行使诉讼权利,遵守诉讼秩序,履行发生法律效力的判决书、裁定书和调解书。

  "Parties to an action must exercise their litigation rights in accordance with the law, observe the procedures and carry out legally effective written judgments or orders and conciliation statements."

  第五十一条 双方当事人可以自行和解。

  Article 51 The two parties may reach a compromise of their own accord.

  第五十二条 原告可以放弃或者变更诉讼请求。

  Article 52 The plaintiff may relinquish or modify his claims.

  被告可以承认或者反驳诉讼请求,有权提起反诉。

  The defendant may admit or rebut the claims and shall have the right to file counterclaims.

  第五十三条 当事人一方或者双方为二人以上,其诉讼标的是共同的,或者诉讼标的是同一种类、人民法院认为可以合并审理并经当事人同意的,为共同诉讼。

  "Article 53 When one party or both parties consist of two or more than two persons, their object of action being the same or of the same category and the people's court considers that, with the consent of the parties, the action can be tried combined, it is a joint action."

  共同诉讼的一方当事人对诉讼标的有共同权利义务的,其中一人的诉讼行为经其他共同诉讼人承认,对其他共同诉讼人发生效力;

  "If a party of two or more persons to a joint action have common rights and obligations with respect to the object of action and the act of any one of them is recognized by the others of the party, such an act shall be valid for all the rest of the party; "

  对诉讼标的没有共同权利义务的,其中一人的诉讼行为对其他共同诉讼人不发生效力。

  "if a party of two or more persons have no common rights and obligations with respect to the object of action, the act of any one of them shall not be valid for the rest."

  第五十四条 当事人一方人数众多的共同诉讼,可以由当事人推选代表人进行诉讼。

  "Article 54 If the persons comprising a party to a joint action is large in number, the party may elect representatives from among themselves to act for them in the litigation. "

  代表人的诉讼行为对其所代表的当事人发生效力,但代表人变更、放弃诉讼请求或者承认对方当事人的诉讼请求,进行和解,必须经被代表的当事人同意。

  "The acts of such representatives in the litigation shall be valid for the party they represent. However, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent."

  第五十五条 诉讼标的是同一种类、当事人一方人数众多在起诉时人数尚未确定的,人民法院可以发出公告,说明案件情况和诉讼请求,通知权利人在一定期间向人民法院登记。

  "Article 55 Where the object of action is of the same category and the persons comprising one of the parties is large but uncertain in number at the commencement of the action, the people's court may issue a public notice, stating the particulars and claims of the case and informing those entitled to participate in the action to register their rights with the people's court within a fixed period of time."

  向人民法院登记的权利人可以推选代表人进行诉讼;

  Those who have registered their rights with the people's court may elect representatives from among themselves to proceed with the litigation;

  推选不出代表人的,人民法院可以与参加登记的权利人商定代表人。

  "if the election fails its purpose, such representatives may be determined by the people's court through consultation with those who have registered their rights with the court."

  代表人的诉讼行为对其所代表的当事人发生效力,但代表人变更、放弃诉讼请求或者承认对方当事人的诉讼请求,进行和解,必须经被代表的当事人同意。

  "The acts of such representative in the litigation shall be valid for the party they represent; however, modification or waiver of claims or admission of the claims of the other party or pursuing a compromise with the other party by the representatives shall be subject to the consent of the party they represent."

  人民法院作出的判决、裁定,对参加登记的全体权利人发生效力。

  The judgments or written orders rendered by the people's court shall be valid for all those who have registered their rights with the court.

  未参加登记的权利人在诉讼时效期间提起诉讼的,适用该判决、裁定。

  Such judgments or written orders shall apply to those who have not registered their rights but have instituted legal proceedings during period of limitation of the action.

  第五十六条 对当事人双方的诉讼标的,第三人认为有独立请求权的,有权提起诉讼。

  "Article 56 If a third party considers that he has an independent claim to the object of action of both parties, he shall have the right to bring an action."

  对当事人双方的诉讼标的,第三人虽然没有独立请求权,但案件处理结果同他有法律上的利害关系的,可以申请参加诉讼,或者由人民法院通知他参加诉讼。

  "Where the outcome of the case will affect a third party's legal interest, such party, though having no independent claim to the object of action of both parties, may file a request to participate in the proceedings or the people's court shall notify the third party to participate. "

  人民法院判决承担民事责任的第三人,有当事人的诉讼权利义务。

  A third party that is to bear civil liability in accordance with the judgment of the people's court shall be entitled to the rights and obligations of a party in litigation.

  第二节 诉讼代理人

  Section 2 Agents ad Litem

  第五十七条 无诉讼行为能力人由他的监护人作为法定代理人代为诉讼。

  Article 57 Any person with no legal capacity to engage in litigation shall have his guardian or guardians as statutory agents to act for him in a lawsuit.

  法定代理人之间互相推诿代理责任的,由人民法院指定其中一人代为诉讼。

  "If the statutory agents try to shift responsibility as agents ad litem upon one another, the people's court shall appoint one of them to represent the person in litigation."

  第五十八条 当事人、法定代理人可以委托一至二人作为诉讼代理人。

  "Article 58 A party to an action, or statutory agent may appoint one or two persons to act as his agents ad litem."

  律师、当事人的近亲属、有关的社会团体或者所在单位推荐的人、经人民法院许可的其他公民,都可以被委托为诉讼代理人。

  "A lawyer, a near relative of the party, a person recommended by a relevant social organization or a unit to which the party belongs or any other citizen approved by the people's court may be appointed as the party's agent ad litem."

  第五十九条 委托他人代为诉讼,必须向人民法院提交由委托人签名或者盖章的授权委托书。

  "Article 59 When a person appoints another to act on his behalf in litigation, he must submit to the people's court a power of attorney bearing his signature or seal."

  授权委托书必须记明委托事项和权限。

  The power of attorney must specify the matters entrusted and the powers conferred.

  诉讼代理人代为承认、放弃、变更诉讼请求,进行和解,提起反诉或者上诉,必须有委托人的特别授权。

  "An agent ad litem must obtain special powers from his principal to admit, waive or modify claims, or to compromise or to file a counterclaim or an appeal."

  侨居在国外的中华人民共和国公民从国外寄交或者托交的授权委托书,必须经中华人民共和国驻该国的使领馆证明;

  A power of attorney mailed or delivered through others by a citizen of the People's Republic of China residing abroad must be certified by the Chinese embassy or consulate accredited to that country.

  没有使领馆的,由与中华人民共和国有外交关系的第三国驻该国的使领馆证明,再转由中华人民共和国驻该第三国使领馆证明,或者由当地的爱国华侨团体证明。

  "If there is no Chinese embassy or consulate in that country, the power of attorney must be certified by an embassy or a consulate of a third country accredited to that country that has diplomatic relations with the People's Republic of China, and then transmitted for authentication to the embassy or consulate of the People's Republic of China accredited to that third country, or it must be certified by a local patriotic overseas Chinese organization."

  第六十条 诉讼代理人的权限如果变更或者解除,当事人应当书面告知人民法院,并由人民法院通知对方当事人。

  "Article 60 A party to an action shall inform the people's court in writing if he changes or revokes the powers of an agent ad litem, and the court shall notify the other party of the change or revocation."

  第六十一条 代理诉讼的律师和其他诉讼代理人有权调查收集证据,可以查阅本案有关材料。

  "Article 61 A lawyer who serves as an agent ad litem and other agents ad litem shall have the right to investigate and collect evidence, and may have access to materials pertaining to the case. "

  查阅本案有关材料的范围和办法由最高人民法院规定。

  The scope of and rules for consulting materials pertaining to the case shall be specified by the Supreme People's Court.

  第六十二条 离婚案件有诉讼代理人的,本人除不能表达意志的以外,仍应出庭;

  "Article 62 In a divorce case in which the parties to the action have been represented by their agents ad litem, the parties themselves shall still appear in court in person, unless they are incapable of expressing their own will. "

  确因特殊情况无法出庭的,必须向人民法院提交书面意见。

  A party who is truly unable to appear in court due to a special reason shall submit his views in writing to the people's court.

  第六章 证 据

  Chapter VI Evidence

  第六十三条 证据有下列几种:(一)书证;(二)物证;(三)视听资料;(四)证人证言;(五)当事人的陈述;(六)鉴定结论;(七)勘验笔录。

  Article 63 Evidence shall be classified as follows: (1) documentary evidence; (2) material evidence; (3) audio-visual material; (4) testimony of witnesses; (5) statements of the parties; (6) expert conclusions; and (7) records of inspection.

  以上证据必须查证属实,才能作为认定事实的根据。

  The above-mentioned evidence must be verified before it can be taken as a basis for ascertaining a fact.

  第六十四条 当事人对自己提出的主张,有责任提供证据。

  Article 64 It is the duty of a party to an action to provide evidence in support of his allegations.

  当事人及其诉讼代理人因客观原因不能自行收集的证据,或者人民法院认为审理案件需要的证据,人民法院应当调查收集。

  "If, for objective reasons, a party and his agent ad litem are unable to collect the evidence by themselves or if the people's court considers the evidence necessary for the trial of the case, the people's court shall investigate and collect it."

  人民法院应当按照法定程序,全面地、客观地审查核实证据。

  "The people's court shall, in accordance with the procedure prescribed by the law, examine and verify evidence comprehensively and objectively."

  第六十五条 人民法院有权向有关单位和个人调查取证,有关单位和个人不得拒绝。

  Article 65 The people's court shall have the right to make investigation and collect evidence from the relevant units or individuals; such units or individuals may not refuse to provide information and evidence.

  人民法院对有关单位和个人提出的证明文书,应当辨别真伪,审查确定其效力。

  "The people's court shall verify the authenticity, examine and determine the validity of the certifying documents provided by the relevant units or individuals."

  第六十六条 证据应当在法庭上出示,并由当事人互相质证。

  Article 66 Evidence shall be presented in court and cross-examined by the parties concerned.

  对涉及国家秘密、商业秘密和个人隐私的证据应当保密,需要在法庭出示的,不得在公开开庭时出示。

  "But evidence that involves State secrets, trade secrets and personal privacy shall be kept confidential. If it needs to be presented in court, such evidence shall not be presented in an open court session."

  第六十七条 经过法定程序公证证明的法律行为、法律事实和文书,人民法院应当作为认定事实的根据。但有相反证据足以推翻公证证明的除外。

  "Article 67 The people's court shall take the acts, facts and documents legalized by notarization according to legal procedures as the basis for ascertaining facts, unless there is evidence to the contrary sufficient to invalidate the notarization."

  第六十八条 书证应当提交原件。物证应当提交原物。

  Article 68 Any document submitted as evidence must be the original. Material evidence must also be original.

  提交原件或者原物确有困难的,可以提交复制品、照片、副本、节录本。

  "If it is truly difficult to present the original document or thing, then reproductions, photographs, duplicates or extracts of the original may be submitted."

  提交外文书证,必须附有中文译本。

  "If a document in a foreign language is submitted as evidence, a Chinese translation must be appended."

  第六十九条 人民法院对视听资料,应当辨别真伪,并结合本案的其他证据,审查确定能否作为认定事实的根据。

  Article 69 The people's court shall verify audio-visual materials and determine after their examination in the light of other evidence in the case whether they can be taken as a basis for ascertaining the facts.

  第七十条 凡是知道案件情况的单位和个人,都有义务出庭作证。有关单位的负责人应当支持证人作证。证人确有困难不能出庭的,经人民法院许可,可以提交书面证言。

  "Article 70 All units and individuals who have knowledge of a case shall be under the obligation of giving testimony in court. Responsible heads of the relevant units shall support the witnesses to give testimony. When it is truly difficult for a witness to appear in court, he may, with the consent of the people's court, submit a written testimony."

  不能正确表达意志的人,不能作证。

  Any person who is incapable of expressing his will properly shall not give testimony.

  第七十一条 人民法院对当事人的陈述,应当结合本案的其他证据,审查确定能否作为认定事实的根据。

  Article 71 The people's court shall examine the statements of the parties concerned in the light of other evidence in the case to determine whether the statements can be taken as a basis for ascertaining the facts.

  当事人拒绝陈述的,不影响人民法院根据证据认定案件事实。

  The refusal of a party to make statements shall not prevent the people's court from ascertaining the facts of a case on the basis of other evidence.

  第七十二条 人民法院对专门性问题认为需要鉴定的,应当交由法定鉴定部门鉴定;

  "Article 72 When the people's court deems it necessary to make an expert evaluation of a problem of a technical nature, it shall refer the problem to a department authorized by the law for the evaluation. "

  没有法定鉴定部门的,由人民法院指定的鉴定部门鉴定。

  "In the absence of such a department, the people's court shall appoint one to make the expert evaluation."

  鉴定部门及其指定的鉴定人有权了解进行鉴定所需要的案件材料,必要时可以询问当事人、证人。

  The authorized department and the experts designated by the department shall have the right to consult the case materials necessary for the evaluation and question the parties and witnesses when circumstances so require.

  鉴定部门和鉴定人应当提出书面鉴定结论,在鉴定书上签名或者盖章。

  The authorized department and the experts it designated shall present a written conclusion of the evaluation duly sealed or signed by both.

  鉴定人鉴定的,应当由鉴定人所在单位加盖印章,证明鉴定人身份。

  "If the evaluation is made by an expert alone, the unit to which the expert belongs shall certify his status by affixing its seal to the expert's conclusion."

  第七十三条 勘验物证或者现场,勘验人必须出示人民法院的证件,并邀请当地基层组织或者当事人所在单位派人参加。

  "Article 73 When inspecting material evidence or a site, the inspector must produce his credentials issued by a people's court. He shall request the local grass-roots organization or the unit to which the party to the action belongs to send persons to participate in the inspection. "

  当事人或者当事人的成年家属应当到场,拒不到场的,不影响勘验的进行。

  "The party concerned or an adult member of his family shall be present; their refusal to appear on the scene, however, shall not hinder the inspection. "

  有关单位和个人根据人民法院的通知,有义务保护现场,协助勘验工作。

  "Upon notification by the people's court, the relevant units and individuals shall be under the obligation of preserving the site and assisting the inspection. "

  勘验人应当将勘验情况和结果制作笔录,由勘验人、当事人和被邀参加人签名或者盖章。

  "The inspector shall make a written record of the circumstances and results of the inspection, which shall be duly signed or sealed by the inspector, the party concerned and the participants requested to be present."

  第七十四条 在证据可能灭失或者以后难以取得的情况下,诉讼参加人可以向人民法院申请保全证据,人民法院也可以主动采取保全措施。

  "Article 74 Under circumstances where there is a likelihood that evidence may be destroyed or lost, or difficult to obtain later, the participants in the proceedings may apply to the people's court for preservation of the evidence. The people's court may also on its own initiative take measures to preserve such evidence."

  第一编 总 则 第七章 期间、送达 第一节 期 间

  Chapter VII Time Periods and Service Section 1 Time Periods

  第七十五条 期间包括法定期间和人民法院指定的期间。

  Article 75 Time periods shall include those prescribed by the law and those designated by a people's court.

  期间以时、日、月、年计算。

  "Time periods shall be calculated by the hour, the day, the month and the year. "

  期间开始的时和日,不计算在期间内。

  The hour and day from which a time period begins shall not be counted as within the time period.

  期间届满的最后一日是节假日的,以节假日后的第一日为期间届满的日期。

  "If the expiration date of a time period falls on a holiday, then the day immediately following the holiday shall be regarded as the expiration date."

  期间不包括在途时间,诉讼文书在期满前交邮的,不算过期。

  A time period shall not include travelling time. A litigation document that is mailed before the deadline shall not be regarded as overdue.

  第七十六条 当事人因不可抗拒的事由或者其他正当理由耽误期限的,在障碍消除后的十日内,可以申请顺延期限,是否准许,由人民法院决定。

  "Article 76 In case of failure on the part of a party to an action to meet a deadline due to force majeure or for other justified reasons, the party concerned may apply for an extension of the time limit within 10 days after the obstacle is removed. The extension applied for shall be subject to approval by a people's court."

  第二节 送 达

  Section 2 Service

  第七十七条 送达诉讼文书必须有送达回证,由受送达人在送达回证上记明收到日期,签名或者盖章。

  Article 77 A receipt shall be required for every litigation document that is served and it shall bear the date of receipt noted by the signature or seal of the person on whom the document was served.

  受送达人在送达回证上的签收日期为送达日期。

  The date noted on the receipt by the person on whom the document was served shall be regarded as the date of service of the document.

  第七十八条 送达诉讼文书,应当直接送交受送达人。受送达人是公民的,本人不在交他的同住成年家属签收;受送达人是法人或者其他组织的,应当由法人的法定代表人、其他组织的主要负责人或者该法人、组织负责收件的人签收;受送达人有诉讼代理人的,可以送交其代理人签收;受送达人已向人民法院指定代收人的,送交代收人签收。

  "Article 78 Litigation documents shall be sent or delivered directly to the person on whom they are to be served. If that person is a citizen, the documents shall, in case of his absence, be receipted by an adult member of his family living with him. If the person on whom they are to be served is a legal person or any other organization, the documents shall be receipted by the legal representatives of the legal person or the principal heads of the other organization or anyone of the legal person or the other organization responsible for receiving such documents; if the person on whom they are to be served has an agent ad litem, the documents may be receipted by the agent ad litem; if the person on whom they are to be served has designated a person to receive litigation documents on his behalf and has informed the people's court of it, the documents may be receipted by the person designated."

  受送达人的同住成年家属,法人或者其他组织的负责收件的人,诉讼代理人或者代收人在送达回证上签收的日期为送达日期。

  "The date put down in the receipt and signed by the adult family member living with the person or whom the litigation documents are to be served, or by the person responsible for receiving documents of a legal person or any other organization, or by the agent ad litem, or the person designated to receive documents shall be deemed the date of service of the documents."

  第七十九条 受送达人或者他的同住成年家属拒绝接收诉讼文书的,送达人应当邀请有关基层组织或者所在单位的代表到场,说明情况,在送达回证上记明拒收事由和日期,

  "Article 79 If the person on whom the litigation documents are to be served or the adult family member living with him refuses to receive the documents, the person serving the documents shall ask representatives from the relevant grass-roots organization or the unit to which the person on whom the documents are to be served belongs to appear on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. "

  由送达人、见证人签名或者盖章,把诉讼文书留在受送达人的住所,即视为送达。

  "After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt, the documents shall be left at the place where the person on whom they are to be served lives and the service shall be deemed completed."

  第八十条 直接送达诉讼文书有困难的,可以委托其他人民法院代为送达,或者邮寄送达。邮寄送达的,以回执上注明的收件日期为送达日期。

  "Article 80 If direct service proves to be difficult, service of litigation documents may be entrusted to another people's court, or done by mail. If the documents are served by mail, the date stated on the receipt for postal delivery shall be deemed the date of service of the documents."

  第八十一条 受送达人是军人的,通过其所在部队团以上单位的政治机关转交。

  "Article 81 If the person on whom the litigation documents are to be served is a military-man, the documents shall be forwarded to him through the political organ of the unit at or above the regimental level in the force to which he belongs."

  第八十二条 受送达人是被监禁的,通过其所在监所或者劳动改造单位转交。

  "Article 82 If the person on whom the litigation documents are to be served is in imprisonment, the documents shall be forwarded to him through the prison authorities or the unit of reform through labour where the person is serving his term."

  受送达人是被劳动教养的,通过其所在劳动教养单位转交。

  "If the person on whom the litigation documents are to be served is undergoing rehabilitation through labour, the documents shall be forwarded to him through the unit of his rehabilitation through labour."

  第八十三条 代为转交的机关、单位收到诉讼文书后,必须立即交受送达人签收,以在送达回证上的签收日期,为送达日期。

  Article 83 The organization or unit that receives the litigation documents to be forwarded must immediately deliver them to and have them receipted by the person on whom they are to be served. The date stated on the receipt shall be deemed the date of service of the documents.

  第八十四条 受送达人下落不明,或者用本节规定的其他方式无法送达的,公告送达。

  "Article 84 If the whereabouts of the person on whom the litigation documents are to be served is unknown, or if the documents cannot be served by the other methods specified in this Section, the documents shall be served by public announcement. "

  自发出公告之日起,经过六十日,即视为送达。

  "Sixty days after the public announcement is made, the documents shall be deemed to have been served."

  公告送达,应当在案卷中记明原因和经过。

  The reasons for service by public announcement and the process gone through shall be recorded in the case files.

  第八章 调 解

  Chapter VIII Conciliation

  第八十五条 人民法院审理民事案件,根据当事人自愿的原则,在事实清楚的基础上,分清是非,进行调解。

  "Article 85 In the trial of civil cases, the people's court shall distinguish between right and wrong on the basis of the facts being clear and conduct conciliation between the parties on a voluntary basis."

  第八十六条 人民法院进行调解,可以由审判员一人主持,也可以由合议庭主持,并尽可能就地进行。

  "Article 86 When a people's court conducts conciliation, a single judge or a collegial panel may preside over it. Conciliation shall be conducted on the spot as much as possible."

  人民法院进行调解,可以用简便方式通知当事人、证人到庭。

  "When a people's court conducts conciliation, it may employ simplified methods to notify the parties concerned and the witnesses to appear in court."

  第八十七条 人民法院进行调解,可以邀请有关单位和个人协助。

  "Article 87 When a people's court conducts conciliation, it may invite the units or individuals concerned to come to its assistance."

  被邀请的单位和个人,应当协助人民法院进行调解。

  The units or individuals invited shall assist the people's court in conciliation.

  第八十八条 调解达成协议,必须双方自愿,不得强迫。

  Article 88 A settlement agreement reached between the two parties through conciliation must be of their own free will and without compulsion.

  调解协议的内容不得违反法律规定。

  The content of the settlement agreement shall not contravene the law.

  第八十九条 调解达成协议,人民法院应当制作调解书。

  "Article 89 When a settlement agreement through conciliation is reached, the people's court shall draw up a conciliation statement. "

  调解书应当写明诉讼请求、案件的事实和调解结果。

  "The conciliation statement shall clearly set forth the claims, the facts of the case, and the result of the conciliation."

  调解书由审判人员、书记员署名,加盖人民法院印章,送达双方当事人。

  "The conciliation statement shall be signed by the judge and the court clerk, sealed by the people's court, and served on both parties."

  调解书经双方当事人签收后,即具有法律效力。

  "Once it is receipted by the two parties concerned, the conciliation statement shall become legally effective."

  第九十条 下列案件调解达成协议,人民法院可以不制作调解书:

  Article 90 The people's court need not draw up a conciliation statement for the following cases when a settlement agreement is reached through conciliation:

  (一)调解和好的离婚案件;

  (1) divorce cases in which both parties have become reconciled after conciliation;

  (二)调解维持收养关系的案件;

  (2) cases in which adoptive relationship has been maintained through conciliation;

  (三)能够即时履行的案件;

  (3) cases in which the claims can be immediately satisfied;

  (四)其他不需要制作调解书的案件。

  and (4) other cases that do not require a conciliation statement.

  对不需要制作调解书的协议,应当记入笔录,由双方当事人、审判人员、书记员签名或者盖章后,即具有法律效力。

  "Any settlement agreement that needs no conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties concerned, by the judge and by the court clerk."

  第九十一条 调解未达成协议或者调解书送达前一方反悔的,人民法院应当及时判决。

  "Article 91 If no agreement is reached through conciliation or if either party backs out of the settlement agreement before the conciliation statement is served, the people's court shall render a judgment without delay."

  第九章 财产保全和先予执行

  Chapter IX Property Preservation and Advance Execution

  第九十二条 人民法院对于可能因当事人一方的行为或者其他原因,使判决不能执行或者难以执行的案件,可以根据对方当事人的申请,作出财产保全的裁定;

  "Article 92 In the cases where the execution of a judgment may become impossible or difficult because of the acts of either party or for other reasons, the people's court may, at the application of the other party, order the adoption of measures for property preservation. "

  当事人没有提出申请的,人民法院在必要时也可以裁定采取财产保全措施。

  "In the absence of such application, the people's court may of itself, when necessary, order the adoption of measures for property preservation."

  人民法院采取财产保全措施,可以责令申请人提供担保;申请人不提供担保的,驳回申请。

  "In adopting property preservation measures, the people's court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected."

  人民法院接受申请后,对情况紧急的,必须在四十八小时内作出裁定;

  "After receiving an application, the people's court must, if the case is urgent, make an order within 48 hours; "

  裁定采取财产保全措施的,应当立即开始执行。

  "if the order for the adoption of property preservation measures is made, the execution thereof shall begin immediately."

  第九十三条 利害关系人因情况紧急,不立即申请财产保全将会使其合法权益受到难以弥补的损害的,可以在起诉前向人民法院申请采取财产保全措施。

  "Article 93 Any interested party whose lawful rights and interests would, due to urgent circumstances, suffer irretrievable damage without immediately applying for property preservation, may, before filing a lawsuit, apply to the people's court for the adoption of property preservation measures. "

  申请人应当提供担保,不提供担保的,驳回申请。

  "The applicant must provide security; if he fails to do so, his application shall be rejected."

  人民法院接受申请后,必须在四十八小时内作出裁定;裁定采取财产保全措施的,应当立即开始执行。

  "After receiving an application, the people's court must make an order within 48 hours; if the court orders the adoption of property preservation measures, the execution thereof shall begin immediately."

  申请人在人民法院采取保全措施后十五日内不起诉的,人民法院应当解除财产保全。

  "If the applicant fails to bring an action within 15 days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation."

  第九十四条 财产保全限于请求的范围,或者与本案有关的财物。

  Article 94 Property preservation shall be limited to the scope of the claims or to the property relevant to the case.

  财产保全采取查封、扣押、冻结或者法律规定的其他方法。

  "Property preservation shall be effected by sealing up, distraining, freezing or other methods as prescribed by the law."

  人民法院冻结财产后,应当立即通知被冻结财产的人。

  "After the people's court has frozen the property, it shall promptly notify the person whose property has been frozen."

  财产已被查封、冻结的,不得重复查封、冻结。

  The property that has already been sealed up or frozen shall not be sealed up or frozen for a second time.

  第九十五条 被申请人提供担保的,人民法院应当解除财产保全。

  "Article 95 If the person against whom the application for property reservation is made provides security, the people's court shall cancel the property reservation."

  第九十六条 申请有错误的,申请人应当赔偿被申请人因财产保全所遭受的损失。

  "Article 96 If an application for property preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation."

  第九十七条 人民法院对下列案件,根据当事人的申请,可以裁定先予执行:

  "Article 97 The people's court may, upon application of the party concerned, order advance execution in respect of the following cases: "

  (一)追索赡养费、扶养费、抚育费、抚恤金、医疗费用的;

  "(1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care; "

  (二)追索劳动报酬的;

  (2) those involving claims for remuneration for labour;

  (三)因情况紧急需要先予执行的。

  and (3) those involving urgent circumstances that require advance execution.

  第九十八条 人民法院裁定先予执行的,应当符合下列条件:

  Article 98 Cases in which advance execution is ordered by the people's court shall meet the following conditions:

  (一)当事人之间权利义务关系明确,不先予执行将严重影响申请人的生活或者生产经营的;

  " (1) the relationship of rights and obligations between the parties concerned is clear and definite, and denial of advance execution would seriously affect the livelihood or production operations of the applicant; "

  (二)被申请人有履行能力。

  and (2) the person against whom the application for advance execution is made is capable of fulfilling his obligations.

  人民法院可以责令申请人提供担保,申请人不提供担保的,驳回申请。

  "The people's court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected. "

  申请人败诉的,应当赔偿被申请人因先予执行遭受的财产损失。

  "If the applicant loses the lawsuit, he shall compensate the person against whom the application is made for any loss of property incurred from the advance execution."

  第九十九条 当事人对财产保全或者先予执行的裁定不服的,可以申请复议一次。

  "Article 99 If the party concerned is not satisfied with the order made on property preservation or execution, he may apply for reconsideration which could be granted only once. "

  复议期间不停止裁定的执行。

  Execution of the order shall not be suspended during the time of reconsideration.

  第十章 对妨害民事诉讼的强制措施

  Chapter X Compulsory Measures Against Obstruction of CivilProc eedings

  第一百条 人民法院对必须到庭的被告,经两次传票传唤,无正当理由拒不到庭的,可以拘传。

  "Article 100 If a defendant is required to appear in court, but, having been served twice with summons, still refuses to do so without justified reason, the people's court may constrain him to appear in court by a peremptory writ."

  第一百零一条 诉讼参与人和其他人应当遵守法庭规则。

  Article 101 Participants and other persons in the court proceedings shall abide by the court rules.

  人民法院对违反法庭规则的人,可以予以训诫,责令退出法庭或者予以罚款、拘留。

  "If a person violates the court rules, the people's court may reprimand him, or order him to leave the courtroom, or impose a fine on or detain him."

  人民法院对哄闹、冲击法庭,侮辱、诽谤、威胁、殴打审判人员,严重扰乱法庭秩序的人,依法追究刑事责任;情节较轻的,予以罚款、拘留。

  "A person who seriously disrupts court order by making an uproar in the court or rushing at it, or insulting, slandering, threatening, or assaulting the judicial officers, shall be investigated for criminal responsibility by the people's court according to the law; if the offence is a minor one, the offender may be detained or a fine imposed on him."

  第一百零二条 诉讼参与人或者其他人有下列行为之一的,人民法院可以根据情节轻重予以罚款、拘留;构成犯罪的,依法追究刑事责任:

  "Article 102 If a participant or any other person in the proceedings commits any one of the following acts, the people's court shall, according to the seriousness of the act, impose a fine on him or detain him; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to law."

  (一)伪造、毁灭重要证据,妨碍人民法院审理案件的;

  "(1) forging or destroying important evidence, which would obstruct the trial of a case by the people's court; "

  (二)以暴力、威胁、贿买方法阻止证人作证或者指使、贿买、胁迫他人作伪证的;

  "(2) using violence, threats or subordination to prevent a witness from giving testimony, or instigating, suborning, or coercing others to commit perjury; "

  (三)隐藏、转移、变卖、毁损已被查封、扣押的财产,或者已被清点并责令其保管的财产,转移已被冻结的财产的;

  "(3) concealing, transferring, selling or destroying property that has been sealed up or distrained, or property of which an inventory has been made and which has been put under his care according to court instruction, or transferring the property that has been frozen; "

  (四)对司法工作人员、诉讼参加人、证人、翻译人员、鉴定人、勘验人、协助执行的人,进行侮辱、诽谤、诬陷、殴打或者打击报复的;

  "(4) insulting, slandering, incriminating with false charges, assaulting or maliciously retaliating against judicial officers or personnel, participants in the proceedings, witnesses, interpreters, evaluation experts, inspectors, or personnel assisting in execution; "

  (五)以暴力、威胁或者其他方法阻碍司法工作人员执行职务的;

  "(5) using violence, threats or other means to hinder judicial officers or personnel from performing their duties; "

  (六)拒不履行人民法院已经发生法律效力的判决、裁定的。

  or (6) refusing to carry out legally effective judgments or orders of the people's court.

  人民法院对有前款规定的行为之一的单位,可以对其主要负责人或者直接责任人员予以罚款、拘留;构成犯罪的,依法追究刑事责任。

  "With respect to a unit that commits any one of the acts specified above, the people's court may impose a fine on or detain its principal heads or the persons who are held actually responsible for the act; if the act constitutes a crime, investigations for criminal responsibility shall be made according to the law."

  第一百零三条 有义务协助调查、执行的单位有下列行为之一的,人民法院除责令其履行协助义务外,并可以予以罚款:

  "Article 103 Where a unit which is under an obligation to assist in investigation and execution commits any one of the following acts, the people's court may, apart from enjoining it to perform its obligation, also impose a fine:"

  (一)有关单位拒绝或者妨碍人民法院调查取证的;

  (1) refusing or obstructing the investigation and collection of evidence by the people's court;

  (二)银行、信用合作社和其他有储蓄业务的单位接到人民法院协助执行通知书后,拒不协助查询、冻结或者划拨存款的;

  " (2) refusing by banks, credit cooperatives or other units dealing with savings deposit, after receiving a notice for assistance in execution from the people's court, to assist in inquiring into, freezing or transferring the relevant deposit."

  (三)有关单位接到人民法院协助执行通知书后,拒不协助扣留被执行人的收入、办理有关财产权证照转移手续、转交有关票证、证照或者其他财产的;

  "(3) refusing by the unit concerned, after receiving a notice for assistance in execution from the people's court, to assist in withholding the income of the party subject to execution, in going through the formalities of transferring the relevant certificates of property rights or in transferring the relevant negotiable instruments, certificates, or other property; "

  (四)其他拒绝协助执行的。

  or (4) refusing to provide other obligatory assistance in the execution.

  人民法院对有前款规定的行为之一的单位,可以对其主要负责人或者直接责任人员予以罚款;

  "With respect to a unit that commits any one of the acts specified above, the people's court may impose a fine on its principal heads or the persons who are held actually responsible for the act. "

  还可以向监察机关或者有关机关提出予以纪律处分的司法建议。

  The people's court may also put forward a judicial proposal to the supervisory organ or any relevant organ for the imposition of disciplinary sanctions.

  第一百零四条 对个人的罚款金额,为人民币一千元以下。

  "Article 104 A fine on an individual shall not exceed Renminbi 1,000 yuan. "

  对单位的罚款金额,为人民币一千元以上三万元以下。

  "A fine on a unit shall not be less than Renminbi 1,000 yuan and shall not exceed Renminbi 30,000 yuan."

  拘留的期限,为十五日以下。

  The period of detention shall not be longer than 15 days.

  被拘留的人,由人民法院交公安机关看管。在拘留期间,被拘留人承认并改正错误的,人民法院可以决定提前解除拘留。

  "The people's court shall deliver detained persons to a public security organ for custody. The people's court may decide to advance the time of release, if the detainee admits and mends his wrongdoings."

  第一百零五条 拘传、罚款、拘留必须经院长批准。

  "Article 105 Constrained appearance in court, imposition of a fine or detention shall be subject to the approval of the president of the people's court."

  拘传应当发拘传票。

  A peremptory writ shall be issued for constraining appearance in court.

  罚款、拘留应当用决定书。

  A decision in writing shall be made for the imposition of a fine or detention.

  对决定不服的,可以向上一级人民法院申请复议一次。

  "The offender, if dissatisfied with the decision, may apply to a people's court at a higher level for reconsideration which could be granted only once. "

  复议期间不停止执行。

  The execution of the decision shall not be suspended during the time of reconsideration.

  第一百零六条 采取对妨害民事诉讼的强制措施必须由人民法院决定。

  Article 106 Decision on the adoption of compulsory measures against obstruction of proceedings shall be made only by the people's court.

  任何单位和个人采取非法拘禁他人或者非法私自扣押他人财产追索债务的,应当依法追究刑事责任,或者予以拘留、罚款。

  "Any unit or individual that extorts repayment of a debt by illegal detention of a person or illegal distrainment of property shall be investigated for criminal responsibility according to the law, or shall be punished with detention or a fine."

  第十一章 诉讼费用

  Chapter XI Litigation Costs

  第一百零七条 当事人进行民事诉讼,应当按照规定交纳案件受理费。

  Article 107 Any party filing a civil lawsuit shall pay court costs according to the rules.

  财产案件除交纳案件受理费外,并按照规定交纳其他诉讼费用。

  "For property cases, the party shall pay other fees in addition to the court costs."

  当事人交纳诉讼费用确有困难的,可以按照规定向人民法院申请缓交、减交或者免交。

  "Any party that has genuine difficulty in paying litigation costs may, according to the relevant rules, apply to the people's court for deferment or reduction of the payment or for its exemption."

  收取诉讼费用的办法另行制定。

  Particulars for payment of litigation costs shall be laid down separately.

  第二编 审判程序 第十二章 第一审普通程序 第一节 起诉和受理

  PART TWO TRIAL PROCEDURE Chapter XII Ordinary Procedure of First Instance Section 1 Bringing a Lawsuit and Entertaining a Case

  第一百零八条 起诉必须符合下列条件:

  Article 108 The following conditions must be met when a lawsuit is brought:

  (一)原告是与本案有直接利害关系的公民、法人和其他组织;

  "(1) the plaintiff must be a citizen, legal person or any other organization that has a direct interest in the case; "

  (二)有明确的被告;

  (2) there must be a definite defendant;

  (三)有具体的诉讼请求和事实、理由;

  "(3) there must be specific claim or claims, facts, and cause or causes for the suit;"

  (四)属于人民法院受理民事诉讼的范围和受诉人民法院管辖。

  and (4) the suit must be within the scope of acceptance for civil actions by the people's court and under the jurisdiction of the people's court where the suit is entertained.

  第一百零九条 起诉应当向人民法院递交起诉状,并按照被告人数提出副本。

  "Article 109 When a lawsuit is brought, a statement of complaint shall be submitted to the people's court, and copies of the statement shall be provided according to the number of defendants."

  书写起诉状确有困难的,可以口头起诉,由人民法院记入笔录,并告知对方当事人。

  "If the plaintiff has genuine difficulty in presenting the statement of complaint in writing, he may state his complaint orally; the people's court shall transcribe the complaint and inform the other party of it accordingly."

  第一百一十条 起诉状应当记明下列事项:

  Article 110 A statement of complaint shall clearly set forth the following:

  (一)当事人的姓名、性别、年龄、民族、职业、工作单位和住所,法人或者其他组织的名称、住所和法定代表人或者主要负责人的姓名、职务;

  "(1) the name, sex, age, ethnic status, occupation, work unit and home address of the parties to the case; if the parties are legal persons or any other organizations, their names, addresses and the names and posts of the legal representatives or the principal heads."

  (二)诉讼请求和所根据的事实与理由;

  "(2) the claim or claims of the suit, the facts and grounds on which the suit is based; "

  (三)证据和证据来源,证人姓名和住所。

  "and (3) the evidence and its source, as well as the names and home addresses of the witnesses."

  第一百一十一条 人民法院对符合本法第一百零八条的起诉,必须受理;对下列起诉,分别情形,予以处理:

  "Article 111 The people's court must entertain the lawsuits filed in conformity with the provisions of Article 108 of this Law. With respect to lawsuits described below, the people's court shall deal with them in the light of their specific circumstances: "

  (一)依照行政诉讼法的规定,属于行政诉讼受案范围的,告知原告提起行政诉讼;

  "(1) for a lawsuit within the scope of administrative actions in accordance with the provisions of the Administrative Procedure Law, the people's court shall advise the plaintiff to institute administrative proceedings; "

  (二)依照法律规定,双方当事人对合同纠纷自愿达成书面仲裁协议向仲裁机构申请仲裁、不得向人民法院起诉的,告知原告向仲裁机构申请仲裁;

  "(2) if, according to the law, both parties have on a voluntary basis reached a written agreement to submit their contract dispute to an arbitral organ for arbitration, they may not institute legal proceedings in a people's court. The people's court shall advise the plaintiff to apply to the arbitral organ for arbitration; "

  (三)依照法律规定,应当由其他机关处理的争议,告知原告向有关机关申请解决;

  "(3) in case of disputes which, according to the law, shall be dealt with by other organs, the people's court shall advise the plaintiff to apply to the relevant organ for settlement;"

  (四)对不属于本院管辖的案件,告知原告向有管辖权的人民法院起诉;

  " (4) with respect to cases that are not under its jurisdiction, the people's court shall advise the plaintiff to bring a lawsuit in the competent people's court; "

  (五)对判决、裁定已经发生法律效力的案件,当事人又起诉的,告知原告按照申诉处理,但人民法院准许撤诉的裁定除外;

  "(5) with respect to cases in which a judgment or order has already taken legal effect, but either party brings a suit again, the people's court shall advise that party to file an appeal instead, except when the order of the people's court is one that permits the withdrawal of a suit; "

  (六)依照法律规定,在一定期限内不得起诉的案件,在不得起诉的期限内起诉的,不予受理;

  "(6) with respect to an action that may not be filed within a specified period according to the law, it shall not be entertained, if it is filed during that period."

  (七)判决不准离婚和调解和好的离婚案件,判决、调解维持收养关系的案件,没有新情况、新理由,原告在六个月内又起诉的,不予受理。

  "(7) in a divorce case in which a judgment has been made disallowing the divorce, or in which both parties have become reconciled after conciliation, or in a case concerning adoptive relationship in which a judgment has been made or conciliation has been successfully conducted to maintain the adoptive relation-ship, if the plaintiff files a suit again within six months in the absence of any new developments or new reasons, it shall not be entertained."

  第一百一十二条 人民法院收到起诉状或者口头起诉,经审查,认为符合起诉条件的,应当在七日内立案,并通知当事人;

  "Article 112 When a people's court receives a statement of complaint or an oral complaint and finds after examination that it meets the requirements for acceptance, the court shall place the case on the docket within seven days and notify the parties concerned; "

  认为不符合起诉条件的,应当在七日内裁定不予受理;

  if it does not meet the requirements for acceptance the court shall make an order within seven days to reject it.

  原告对裁定不服的,可以提起上诉。

  "The plaintiff, if not satisfied with the order, may file an appeal."

  第二节 审理前的准备

  Section 2 Preparations for Trial

  第一百一十三条 人民法院应当在立案之日起五日内将起诉状副本发送被告,被告在收到之日起十五日内提出答辩状。

  "Article 113 The people's court shall send a copy of the statement of complaint to the defendant within five days after docketing the case, and the defendant shall file a defence within 15 days from receipt of the copy of the statement of complaint. "

  被告提出答辩状的,人民法院应当在收到之日起五日内将答辩状副本发送原告。

  "When the defendant files a defence, the people's court shall send a copy of it to the plaintiff within five days from its receipt. "

  被告不提出答辩状的,不影响人民法院审理。

  Failure by the defendant to file a defence shall not prevent the case from being tried by the people's court.

  第一百一十四条 人民法院对决定受理的案件,应当在受理案件通知书和应诉通知书中向当事人告知有关的诉讼权利义务,或者口头告知。

  "Article 114 The people's court shall, with respect to cases whose acceptance has been decided, inform the parties in the notification of acceptance and in the notification calling for responses to the action of their relevant litigation rights and obligations of which the parties may likewise be informed orally."

  第一百一十五条 合议庭组成人员确定后,应当在三内日告知当事人。

  Article 115 The parties shall be notified within three days after the members of the collegial panel are determined.

  第一百一十六条 审判人员必须认真审核诉讼材料,调查收集必要的证据。

  Article 116 The judicial officers must carefully examine and verify the case materials and carry out investigations and collection of necessary evidence.

  第一百一十七条 人民法院派出人员进行调查时,应当向被调查人出示证件。

  Article 117 The personnel sent by a people's court to conduct investigations shall produce their credentials before the person to be investigated.

  调查笔录经被调查人校阅后,由被调查人、调查人签名或者盖章。

  The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the investigator and the investigated.

  第一百一十八条 人民法院在必要时可以委托外地人民法院调查。

  "Article 118 A people's court may, when necessary, entrust a people's court in another locality with the investigations."

  委托调查,必须提出明确的项目和要求。

  The entrusting people's court shall clearly set out the matters for and requirements of the entrusted investigations.

  受委托人民法院可以主动补充调查。

  The entrusted people's court may on its own initiative conduct supplementary investigations.

  受委托人民法院收到委托书后,应当在三十日内完成调查。

  The entrusted people's court shall complete the investigations within 30 days after receiving the commission in writing.

  因故不能完成的,应当在上述期限内函告委托人民法院。

  "If for some reason it cannot complete the investigations, the said people's court shall notify the entrusting people's court in writing within the above-mentioned time limit."

  第一百一十九条 必须共同进行诉讼的当事人没有参加诉讼的,人民法院应当通知其参加诉讼。

  "Article 119 If a party who must participate in a joint action fails to participate in the proceedings, the people's court shall notify him to participate."

  第三节 开庭审理

  Section 3 Trial in Court

  第一百二十条 人民法院审理民事案件,除涉及国家秘密、个人隐私或者法律另有规定的以外,应当公开进行。

  "Article 120 Civil cases shall be tried in public, except for those that involve State secrets or personal privacy or are to be tried otherwise as provided by the law."

  离婚案件,涉及商业秘密的案件,当事人申请不公开审理的,可以不公开审理。

  A divorce case or a case involving trade secrets may not be heard in public if a party so requests.

  第一百二十一条 人民法院审理民事案件,根据需要进行巡回审理,就地办案。

  "Article 121 For civil cases, the people's court shall, whenever necessary, go on circuit to hold trials on the spot."

  第一百二十二条 人民法院审理民事案件,应当在开庭三日前通知当事人和其他诉讼参与人。公开审理的,应当公告当事人姓名、案由和开庭的时间、地点。

  "Article 122 For civil cases, the people's court shall notify the parties and other participants in the proceedings three days before the opening of a court session. If a case is to be tried in public, the names of the parties, the cause of action and the time and location of the court session shall be announced publicly."

  第一百二十三条 开庭审理前,书记员应当查明当事人和其他诉讼参与人是否到庭,宣布法庭纪律。

  "Article 123 Before a court session is called to order, the court clerk shall ascertain whether or not the parties and other participants in the proceedings are present and announce the rules of order of the court."

  开庭审理时,由审判长核对当事人,宣布案由,宣布审判人员、书记员名单,告知当事人有关的诉讼权利义务,询问当事人是否提出回避申请。

  "At the beginning of a court session, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial officers and court clerks, inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any court personnel."

  第一百二十四条 法庭调查按照下列顺序进行:

  Article 124 Court investigation shall be conducted in the following order:

  (一)当事人陈述;

  (1) statements by the parties;

  (二)告知证人的权利义务,证人作证,宣读未到庭的证人证言;

  "(2) informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading of the written statements of absentee witnesses; "

  (三)出示书证、物证和视听资料;

  "(3) presentation of documentary evidence, material evidence and audio-visual material; "

  (四)宣读鉴定结论;

  (4) reading of expert conclusions;

  (五)宣读勘验笔录。

  and (5) reading of records of inspection.

  第一百二十五条 当事人在法庭上可以提出新的证据。

  Article 125 The parties may present new evidence during a court session.

  当事人经法庭许可,可以向证人、鉴定人、勘验人发问。

  "With the permission of the court, the parties may put questions to witnesses, expert witnesses and inspectors."

  当事人要求重新进行调查、鉴定或者勘验的,是否准许,由人民法院决定。

  "Any request by the parties concerned for a new investigation, expert evaluation or inspection shall be subject to the approval of the people's court."

  第一百二十六条 原告增加诉讼请求,被告提出反诉,第三人提出与本案有关的诉讼请求,可以合并审理。

  "Article 126 Additional claims by the plaintiff, counterclaims by the defendant and third-party claims related to the case may be tried in combination."

  第一百二十七条 法庭辩论按照下列顺序进行:

  Article 127 Court debate shall be conducted in the following order:

  (一)原告及其诉讼代理人发言;

  (1) oral statements by the plaintiff and his agents ad litem;

  (二)被告及其诉讼代理人答辩;

  (2) defence by the defendant and his agents ad litem;

  (三)第三人及其诉讼代理人发言或者答辩;

  (3) oral statement or defence by the third party and his agents ad litem;

  (四)互相辩论。

  (4) debate between the two sides.

  法庭辩论终结,由审判长按照原告、被告、第三人的先后顺序征询各方最后意见。

  "At the end of the court debate, the presiding judge shall ask each side, first the plaintiff, then the defendant, and then the third party, for their final opinion respectively."

  第一百二十八条 法庭辩论终结,应当依法作出判决。

  "Article 128 At the end of the court debate, a judgment shall be made according to the law. "

  判决前能够调解的,还可以进行调解,调解不成的,应当及时判决。

  "Where conciliation is possible prior to the rendering of a judgment, conciliation efforts may be made; if conciliation proves to be unsuccessful, a judgment shall be made without delay."

  第一百二十九条 原告经传票传唤,无正当理由拒不到庭的,或者未经法庭许可中途退庭的,可以按撤诉处理;被告反诉的,可以缺席判决。

  "Article 129 If a plaintiff, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the case may be considered as withdrawn by him; if the defendant files a counterclaim in the mean time, the court may make a judgment by default."

  第一百三十条 被告经传票传唤,无正当理由拒不到庭的,或者未经法庭许可中途退庭的,可以缺席判决。

  "Article 130 If a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the court may make a judgment by default."

  第一百三十一条 宣判前,原告申请撤诉的,是否准许,由人民法院裁定。

  "Article 131 If a plaintiff applies for withdrawal of the case before the judgment is pronounced, the people's court shall decide whether to approve or disapprove it. "

  人民法院裁定不准许撤诉的,原告经传票传唤,无正当理由拒不到庭的,可以缺席判决。

  "If withdrawal of the case is not allowed by an order of the people's court, and the plaintiff, having been served with a summons, refuses to appear in court without justified reasons, the people's court may make a judgment by default."

  第一百三十二条 有下列情形之一的,可以延期开庭审理:

  "Article 132 Under any of the following circumstances, the trial may be adjourned: "

  (一)必须到庭的当事人和其他诉讼参与人有正当理由没有到庭的;

  (1) the parties concerned and other participants in the proceedings required to appear in court fail to do so for justified reasons;

  (二)当事人临时提出回避申请的;

  (2) any party concerned makes an extempore application for the withdrawal of a judicial officer;

  (三)需要通知新的证人到庭,调取新的证据,重新鉴定、勘验,或者需要补充调查的;

  "or (3) it is necessary to summon new witnesses to court, collect new evidence, make a new expert evaluation, new inspection, or to make a supplementary investigation; "

  (四)其他应当延期的情形。

  or (4) other circumstances that warrant the adjournment.

  第一百三十三条 书记员应当将法庭审理的全部活动记入笔录,由审判人员和书记员签名。

  "Article 133 The court clerk shall make a written record of the entire court proceedings, which shall be signed by him and the judicial officers."

  法庭笔录应当当庭宣读,也可以告知当事人和其他诉讼参与人当庭或者在五日内阅读。

  "The court record shall be read out in court, or else the parties and other participants in the proceedings may be notified to read the record while in court or within five days. "

  当事人和其他诉讼参与人认为对自己的陈述记录有遗漏或者差错的,有权申请补正。

  "If they consider that there are omissions or errors in the record of their own statements, the parties or other participants in the proceedings shall have the right to apply for rectifications."

  如果不予补正,应当将申请记录在案。

  " If such rectifications are not made, the application shall be placed on record in the case file."

  法庭笔录由当事人和其他诉讼参与人签名或者盖章。拒绝签名盖章的,记明情况附卷。

  The court record shall be signed or sealed by the parties and other participants in the proceedings. Refusal to do so shall be put on record in the case file.

  第一百三十四条 人民法院对公开审理或者不公开审理的案件,一律公开宣告判决。

  "Article 134 The people's court shall publicly pronounce its judgment in all cases, whether publicly tried or not."

  当庭宣判的,应当在十日内发送判决书;定期宣判的,宣判后立即发给判决书。

  "If a judgment is pronounced in court, the written judgment shall be issued and delivered within ten days; if a judgment is pronounced later on a fixed date, the written judgment shall be issued and given immediately after the pronouncement."

  宣告判决时,必须告知当事人上诉权利、上诉期限和上诉的法院。

  "Upon pronouncement of a judgment, the parties concerned must be informed of their right to file an appeal, the time limit for appeal and the court to which they may appeal."

  宣告离婚判决,必须告知当事人在判决发生法律效力前不得另行结婚。

  "Upon pronouncement of a divorce judgment, the parties concerned must be informed not to remarry before the judgment takes legal effect."

  第一百三十五条 人民法院适用普通程序审理的案件,应当在立案之日起六个月内审结。

  "Article 135 A people's court trying a case in which the ordinary procedure is followed, shall conclude the case within six months after docketing the case. "

  有特殊情况需要延长的,由本院院长批准,可以延长六个月;还需要延长的,报请上级人民法院批准。

  "Where an extension of the period is necessary under special circumstances, a six-month extension may be allowed subject to the approval of the president of the court. Further extension, if needed, shall be reported to the people's court at a higher level for approval."

  第四节 诉讼中止和终结

  Section 4 Suspension and Termination of Legal Proceedings

  第一百三十六条 有下列情形之一的,中止诉讼:

  Article 136 Legal proceedings shall be suspended in any of the following circumstances:

  (一)一方当事人死亡,需要等待继承人表明是否参加诉讼的;

  (1) one of the parties dies and it is necessary to wait for the heir or heiress to make clear whether to participate or not in the proceedings;

  (二)一方当事人丧失诉讼行为能力,尚未确定法定代理人的;

  (2) one of the parties has lost the capacity to engage in litigation and his agent ad item has not been designated yet;

  (三)作为一方当事人的法人或者其他组织终止,尚未确定权利义务承受人的;

  "(3) the legal person or any other organization as one of the parties has dissolved, and the successor to its rights and obligations has not been determined yet;"

  (四)一方当事人因不可抗拒的事由,不能参加诉讼的;

  (4) one of the parties is unable to participate in the proceedings for reasons of force majeure;

  (五)本案必须以另一案的审理结果为依据,而另一案尚未审结的;

  (5) the adjudication of the case pending is dependent on the results of the trial of another case that has not yet been concluded;

  (六)其他应当中止诉讼的情形。

  or (6) other circumstances that warrant the suspension of the litigation.

  中止诉讼的原因消除后,恢复诉讼。

  The proceedings shall resume after the causes of the suspension have been eliminated.

  第一百三十七条 有下列情形之一的,终结诉讼:

  Article 137 Legal proceedings shall be terminated in any of the following circumstances:

  (一)原告死亡,没有继承人,或者继承人放弃诉讼权利的;

  "(1) the plaintiff dies without a successor, or the successor waives the right to litigate;"

  (二)被告死亡,没有遗产,也没有应当承担义务的人的;

  " (2) the decedent leaves no estate, nor anyone to succeed to his obligations; "

  (三)离婚案件一方当事人死亡的;

  (3) one of the parties in a divorce case dies;

  (四)追索赡养费、扶养费、抚育费以及解除收养关系案件的一方当事人死亡的。

  " or (4) one of the parties dies who is a claimant to alimony, support for elders or children or to the termination of adoptive relationship."

  第五节 判决和裁定

  Section 5 Judgment and Order

  第一百三十八条 判决书应当写明:

  Article 138 A judgment shall clearly set forth the following:

  (一)案由、诉讼请求、争议的事实和理由;

  "(1) cause of action, the claims, facts and cause or causes of the dispute; "

  (二)判决认定的事实、理由和适用的法律依据;

  (2) the facts and causes as found in the judgment and the basis of application of the law;

  (三)判决结果和诉讼费用的负担;

  (3) the outcome of adjudication and the costs to be borne;

  (四)上诉期间和上诉的法院。

  and (4) the time limit for filing an appeal and the appellate court with which the appeal may be filed.

  判决书由审判人员、书记员署名,加盖人民法院印章。

  "The judgment shall be signed by the judicial officers and the court clerk, with the seal of the people's court affixed to it."

  第一百三十九条 人民法院审理案件,其中一部分事实已经清楚,可以就该部分先行判决。

  "Article 139 If some of the facts in a case being tried by the people's court are already evident, the court may pass judgment on that part of the case first."

  第一百四十条 裁定适用于下列范围:

  Article 140 An order in writing is to be made in any of the following conditions:

  (一)不予受理;

  (1) refusal to entertain a case;

  (二)对管辖权有异议的;

  (2) objection to the jurisdiction of a court;

  (三)驳回起诉;

  (3) rejection of a complaint;

  (四)财产保全和先予执行;

  (4) property preservation and advance execution;

  (五)准许或者不准许撤诉;

  (5) approval or disapproval of withdrawal of a suit;

  (六)中止或者终结诉讼;

  (6) suspension or termination of legal proceedings;

  (七)补正判决书中的笔误;

  (7) correction of errata in the judgment;

  (八)中止或者终结执行;

  (8) suspension or termination of execution;

  (九)不予执行仲裁裁决;

  (9) refusal to enforce an arbitration award;

  (十)不予执行公证机关赋予强制执行效力的债权文书;

  (10) refusal to enforce a document of a notary office evidencing the rights of a creditor and entitling him to its compulsory execution;

  (十一)其他需要裁定解决的事项。

  (11) other matters to be decided in the form of an order in writing.

  对前款第(一)、(二)、(三)项裁定,可以上诉。

  "An appeal may be lodged against an order in writing in Items (1), (2) and (3) mentioned above."

  裁定书由审判人员、书记员署名,加盖人民法院印章。口头裁定的,记入笔录。

  "An order in writing shall be signed by the judicial officers and the court clerk, with the seal of the people's court affixed to it. If it is issued orally, the order shall be entered in the record."

  第一百四十一条 最高人民法院的判决、裁定,以及依法不准上诉或者超过上诉期没有上诉的判决、裁定,是发生法律效力的判决、裁定。

  "Article 141 All judgments and written orders of the Supreme People's Court, as well as judgments and written orders that may not be appealed against according to the law or that have not been appealed against within the prescribed time limit, shall be legally effective."

  第十三章 简易程序

  Chapter XIII Summary Procedure

  第一百四十二条 基层人民法院和它派出的法庭审理事实清楚、权利义务关系明确、争议不大的简单的民事案件,适用本章规定。

  "Article 142 When trying simple civil cases in which the facts are evident, the rights and obligations clear and the disputes trivial in character, the basic people's courts and the tribunals dispatched by them shall apply the provisions of this Chapter."

  第一百四十三条 对简单的民事案件,原告可以口头起诉。

  "Article 143 In simple civil cases, the plaintiff may lodge his complaint orally."

  当事人双方可以同时到基层人民法院或者它派出的法庭,请求解决纠纷。基层人民法院或者它派出的法庭可以当即审理,也可以另定日期审理。

  The two parties concerned may at the same time come before a basic people's court or a tribunal dispatched by it for a solution of their dispute. The basic people's court or the tribunal it dispatched may try the case immediately or set a date for the trial.

  第一百四十四条 基层人民法院和它派出的法庭审理简单的民事案件,可以用简便方式随时传唤当事人、证人。

  "Article 144 In trying a simple civil case, the basic people's court or the tribunal dispatched by it may use simplified methods to summon at any time the parties and witnesses."

  第一百四十五条 简单的民事案件由审判员一人独任审理,并不受本法第一百二十二条、第一百二十四条、第一百二十七条规定的限制。

  "Article 145 Simple civil cases shall be tried by a single judge alone and the trial of such cases shall not be bound by the provisions of Articles 122, 124, and 127 of this Law."

  第一百四十六条 人民法院适用简易程序审理案件,应当在立案之日起三个月内审结。

  Article 146 The people's court trying a case in which summary procedure is followed shall conclude the case within three months after placing the case on the docket.

  第十四章 第二审程序

  Chapter XIV Procedure of Second Instance

  第一百四十七条 当事人不服地方人民法院第一审判决的,有权在判决书送达之日起十五日内向上一级人民法院提起上诉。

  "Article 147 If a party refuses to accept a judgment of first instance of a local people's court, he shall have the right to file an appeal with the people's court at the next higher level within 15 days after the date on which the written judgment was served."

  当事人不服地方人民法院第一审裁定的,有权在裁定书送达之日起十日内向上一级人民法院提起上诉。

  "If a party refuses to accept a written order of first instance of a local people's court, he shall have the right to file an appeal with a people's court at the next higher level within 10 days after the date on which the written order was served."

  第一百四十八条 上诉应当递交上诉状。上诉状的内容,应当包括当事人的姓名,法人的名称及其法定代表人的姓名或者其他组织的名称及其主要负责人的姓名;原审人民法院名称、案件的编号和案由;上诉的请求和理由。

  "Article 148 For filing an appeal, a petition for the purpose shall be submitted. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legal representatives or names of other organizations and their principal heads; the name of the people's court where the case was originally tried; file number of the case and the cause of action; and the claims of the appeal and the reasons."

  第一百四十九条 上诉状应当通过原审人民法院提出,并按照对方当事人或者代表人的人数提出副本。

  "Article 149 The appeal petition shall be submitted through the people's court which originally tried the case, and copies of it shall be provided according to the number of persons in the other party or of the representatives thereof."

  当事人直接向第二审人民法院上诉的,第二审人民法院应当在五日内将上诉状移交原审人民法院。

  "If a party appeals directly to a people's court of second instance, the said court shall within five days transmit the appeal petition to the people's court which originally tried the case."

  第一百五十条 原审人民法院收到上诉状,应当在五日内将上诉状副本送达对方当事人,对方当事人在收到之日起十五日内提出答辩状。

  "Article 150 The people's court which originally tried the case shall, within five days after receiving the appeal petition, serve a copy of it on the other party, who shall submit his defence within 15 days from the receipt of such copy."

  人民法院应当在收到答辩状之日起五日内将副本送达上诉人。对方当事人不提出答辩状的,不影响人民法院审理。

  " The people's court shall, within five days after receiving the defence, serve a copy of it on the appellant. Failure by the other party to submit a defence shall not prevent the case from being tried by the people's court."

  原审人民法院收到上诉状、答辩状,应当在五日内连同全部案卷和证据,报送第二审人民法院。

  "After receiving the appeal petition and the defence, the people's court which originally tried the case shall, within five days, deliver them together with the entire case file and evidence to the people's court of second instance."

  第一百五十一条 第二审人民法院应当对上诉请求的有关事实和适用法律进行审查。

  "Article 151 With respect to an appealed case, the people's court of second instance shall review the relevant facts and the application of the law."

  第一百五十二条 第二审人民法院对上诉案件,应当组成合议庭,开庭审理。

  "Article 152 With respect to a case on appeal, the people's court of second instance shall form a collegial panel to conduct the trial. "

  经过阅卷和调查,询问当事人,在事实核对清楚后,合议庭认为不需要开庭审理的,也可以径行判决、裁定。

  "After verification of the facts of the case through consulting the files, making investigations and questioning the parties, if the collegial panel considers that it is not necessary to conduct a trial, it may make a judgment or a written order directly."

  第二审人民法院审理上诉案件,可以在本院进行,也可以到案件发生地或者原审人民法院所在地进行。

  The people's court of second instance may try a case on appeal at its own site or in the place where the case originated or where the people's court which originally tried the case is located.

  第一百五十三条 第二审人民法院对上诉案件,经过审理,按照下列情形,分别处理:

  "Article 153 After trying a case on appeal, the people's court of second instance shall, in the light of the following situations, dispose of it accordingly: "

  (一)原判决认定事实清楚,适用法律正确的,判决驳回上诉,维持原判决;

  "(1) if the facts were clearly ascertained and the law was correctly applied in the original judgment, the appeal shall be rejected in the form of a judgment and the original judgment shall be affirmed; "

  (二)原判决适用法律错误的,依法改判;

  "(2) if the application of the law was incorrect in the original judgment, the said judgment shall be amended according to the law; "

  (三)原判决认定事实错误,或者原判决认定事实不清,证据不足,裁定撤销原判决,发回原审人民法院重审,或者查清事实后改判;

  "(3) if in the original judgment the facts were incorrectly or not clearly ascertained and the evidence was insufficient, the people's court of second instance shall make a written order to set aside the judgment and remand to case to the original people's court for retrial, or the people's court of second instance may amend the judgment after investigating and clarifying the facts; "

  (四)原判决违反法定程序,可能影响案件正确判决的,裁定撤销原判决,发回原审人民法院重审。

  "or (4) if there was violation of legal procedure in making the original judgment, which may have affected correct adjudication, the judgment shall be set aside by a written order and the case remanded to the original people's court for retrial. "

  当事人对重审案件的判决、裁定,可以上诉。

  The parties concerned may appeal against the judgment or written order rendered in a retrial of their case.

  第一百五十四条 第二审人民法院对不服第一审人民法院裁定的上诉案件的处理,一律使用裁定。

  Article 154 The people's court of second instance shall decide in the form of orders in writing all cases of appeal against the written orders made by the people's court of first instance.

  第一百五十五条 第二审人民法院审理上诉案件,可以进行调解

  "Article 155 In dealing with a case on appeal, a people's court of second instance may conduct conciliation. "

  。调解达成协议,应当制作调解书,由审判人员、书记员署名,加盖人民法院印章。

  "If an agreement is reached through conciliation, a conciliation statement shall be made and signed by the judicial officers and the court clerk, with the seal of the people's court affixed to it."

  调解书送达后,原审人民法院的判决即视为撤销。

  "After the conciliation statement has been served, the original judgment of the lower court shall be deemed as set aside."

  第一百五十六条 第二审人民法院判决宣告前,上诉人申请撤回上诉的,是否准许,由第二审人民法院裁定。

  "Article 156 If an appellant applies for withdrawal of his appeal before a people's court of second instance pronounces its judgment, the court shall decide whether to approve the application or not."

  第一百五十七条 第二审人民法院审理上诉案件,除依照本章规定外,适用第一审普通程序。

  "Article 157 In the trial of a case on appeal, the people's court of second instance shall, apart from observing the provisions of this Chapter, follow the ordinary procedure for trials of first instance."

  第一百五十八条 第二审人民法院的判决、裁定,是终审的判决、裁定。

  Article 158 he judgment and the written order of a people's court of second instance shall be final.

  第一百五十九条 人民法院审理对判决的上诉案件,应当在第二审立案之日起三个月内审结。

  Article 159 The people's court trying a case on appeal shall conclude the case within three months after docketing the case.

  有特殊情况需要延长的,由本院院长批准。

  Any extension of the period necessitated by special circumstances shall be subject to the approval of the president of the court.

  人民法院审理对裁定的上诉案件,应当在第二审立案之日起三十日内作出终审裁定。

  "The people's court trying a case on appeal against a written order shall, within 30 days after docketing the case for second instance trial, make a written order which is final."

  第十五章 特别程序 第一节 一般规定

  Chapter XV Special Procedure Section 1 General Provisions

  第一百六十条 人民法院审理选民资格案件、宣告失踪或者宣告死亡案件、认定公民无民事行为能力或者限制民事行为能力案件和认定财产无主案件,适用本章规定。

  "Article 160 When the people's courts try cases concerning the qualification of voters, the declaration of a person as missing or dead, the adjudgment of legal incapacity or restricted legal capacity of a citizen and the adjudgment of a property as ownerless, the provisions of this Chapter shall apply. "

  本章没有规定的,适用本法和其他法律的有关规定。

  "For matters not covered in this Chapter, the relevant provisions of this Law and other laws shall apply ."

  第一百六十一条 依照本章程序审理的案件,实行一审终审。

  "Article 161 In cases tried in accordance with the procedure provided in this Chapter, the judgment of first instance shall be final . "

  选民资格案件或者重大、疑难的案件,由审判员组成合议庭审理;其他案件由审判员一人独任审理。

  "A collegial panel of judges shall be formed for the trial of any case in involving the qualification of voters or of any major, difficult or complicated case; other cases shall be tried by a single judge alone."

  第一百六十二条 人民法院在依照本章程序审理案件的过程中,发现本案属于民事权益争议的,应当裁定终结特别程序,并告知利害关系人可以另行起诉。

  "Article 162 If a people's court, while trying a case in accordance with the procedure provided in this Chapter, finds that the case involves a civil dispute over rights and interests, it shall make a written order to terminate the special procedure and inform the interested parties to otherwise institute and action."

  第一百六十三条 人民法院适用特别程序审理的案件,应当在立案之日起三十日内或者公告期满后三十日内审结。

  Article 163 A people's court trying a case in which special procedure is followed shall conclude the case within 30 days after placing the case on the docket or within 30 days after expiration of the period stated in the public notice.

  有特殊情况需要延长的,由本院院长批准。但审理选民资格的案件除外。

  " Any extension of the time limit necessitated by special circumstances shall be subject to the approval of the president of the court, excepting, however, a case concerning the qualification of voters."

  第二节 选民资格案件

  Section 2 Cases Concerning the Qualification of Voters

  第一百六十四条 公民不服选举委员会对选民资格的申诉所作的处理决定,可以在选举日的五日以前向选区所在地基层人民法院起诉。

  "Article 164 If a citizen refuses to accept an election committee's decision on an appeal concerning his voting qualification, he may, five days before the election day, bring a suit in the basic people's court located in the electoral district."

  第一百六十五条 人民法院受理选民资格案件后,必须在选举日前审结。

  "Article 165 After entertaining a case concerning voting qualification, a people's court must conclude the trial before the election day."

  审理时,起诉人、选举委员会的代表和有关公民必须参加。

  "The party who brings the suit, the representative of the election committee and other citizens concerned must participate in the proceedings."

  人民法院的判决书,应当在选举日前送达选举委员会和起诉人,并通知有关公民。

  The written judgment of the people's court shall be served on the election committee and the party who brings the suit before the election day; other citizens concerned shall be notified of the judgment.

  第三节 宣告失踪、宣告死亡案件

  Section 3 Cases Concerning the Declaration of a Person as Missing or Dead

  第一百六十六条 公民下落不明满二年,利害关系人申请宣告其失踪的,向下落不明人住所地基层人民法院提出。

  "Article 166 With respect to a citizen whose whereabouts are unknown for two years in full, if the interested party applies for declaring the person as missing, the application shall be filed with the basic people's court in the locality where the missing person has his domicile."

  申请书应当写明失踪的事实、时间和请求,并附有公安机关或者其他有关机关关于该公民下落不明的书面证明。

  The application shall clearly state the facts and time of the disappearance of the person missing as well as the motion; documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.

  第一百六十七条 公民下落不明满四年,或者因意外事故下落不明满二年,或者因意外事故下落不明,经有关机关证明该公民不可能生存,利害关系人申请宣告其死亡的,向下落不明人住所地基层人民法院提出。

  "Article 167 With respect to a citizen whose whereabouts are unknown for four years in full or whose whereabouts are unknown for two years in full after an accident in which he was involved, or with respect to a citizen whose whereabouts are unknown after such an accident, and, upon proof furnished by the relevant authorities that it is impossible for him to survive, if the interested party applies for declaring such person as dead, the application shall be filed with the basic people's court in the locality where the missing person has his domicile."

  申请书应当写明下落不明的事实、时间和请求,并附有公安机关或者其他有关机关关于该公民下落不明的书面证明。

  The application shall clearly state the facts and time of the disappearance as well as the motion; documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.

  第一百六十八条 人民法院受理宣告失踪、宣告死亡案件后,应当发出寻找下落不明人的公告。

  "Article 168 After entertaining a case concerning the declaration of a person as missing or dead, the people's court shall issue a public notice in search of the person missing. "

  宣告失踪的公告期间为三个月,宣告死亡的公告期间为一年。

  "The period of the public notice for declaring a person as missing shall be three months, and that for declaring a person as dead shall be one year. "

  因意外事故下落不明,经有关机关证明该公民不可能生存的,宣告死亡的公告期间为三个月。

  "Where a citizen's whereabouts are unknown after an accident in which he was involved and, upon proof furnished by the relevant authorities that it is impossible for him to survive, the period of the public notice for proclaiming such person as dead shall be three months."

  公告期间届满,人民法院应当根据被宣告失踪、宣告死亡的事实是否得到确认,作出宣告失踪、宣告死亡的判决或者驳回申请的判决。

  "On the expiration of the period of the public notice, the people's court shall, depending on whether the fact of the missing or death of the person has been confirmed, make a judgment declaring the person missing or dead or make a judgment rejecting the application."

  第一百六十九条 被宣告失踪、宣告死亡的公民重新出现,经本人或者利害关系人申请,人民法院应当作出新判决,撤销原判决。

  "Article 169 If a person who has been declared missing or dead by a people's court reappears, the people's court shall, upon the application of that person or of an interested party, make a new judgment and annul the previous one."

  第四节 认定公民无民事行为能力、限制民事行为能力案件

  Section 4 Cases Concerning the Adjudgment of Legal Incapacity or Restricted Legal Capacity of Citizens

  第一百七十条 申请认定公民无民事行为能力或者限制民事行为能力,由其近亲属或者其他利害关系人向该公民住所地基层人民法院提出。

  Article 170 An application for adjudgment of legal incapacity or restricted legal capacity of a citizen shall be filed by the citizen's near relatives or any other interested party with the basic people's court in the locality where the citizen has his domicile.

  申请书应当写明该公民无民事行为能力或者限制民事行为能力的事实和根据。

  The application shall clearly state the fact and grounds of the citizen's legal incapacity or restricted legal capacity.

  第一百七十一条 人民法院受理申请后,必要时应当对被请求认定为无民事行为能力或者限制民事行为能力的公民进行鉴定。

  "Article 171 After accepting such an application, the people's court shall, when necessary, have an expert evaluation of the citizen of whom the determination of legal incapacity or restricted legal capacity is sought; "

  申请人已提供鉴定结论的,应当对鉴定结论进行审查。

  "if the applicant has already provided an evaluation conclusion, the people's court shall examine such conclusion."

  第一百七十二条 人民法院审理认定公民无民事行为能力或者限制民事行为能力的案件,应当由该公民的近亲属为代理人,但申请人除外。

  "Article 172 In the trial by the people's court of a case for the determination of legal incapacity or restricted legal capacity of a citizen, a near relative of the citizen shall be his agent, the applicant being excluded."

  近亲属互相推诿的,由人民法院指定其中一人为代理人。

  "If the near relatives of the citizen shift responsibility onto one another, the people's court shall appoint one of them as agent for the citizen. "

  该公民健康情况许可的,还应当询问本人的意见。

  "If the citizen's condition of health permits, the people's court shall also seek the opinion of the citizen on the matter."

  人民法院经审理认定申请有事实根据的,判决该公民为无民事行为能力或者限制民事行为能力人;认定申请没有事实根据的,应当判决予以驳回。

  "If, through the trial, the people's court finds that the application is based on facts, a judgment of legal incapacity or restricted legal capacity of the citizen shall be made; if the court finds that the application is not based on facts, it shall make a judgment rejecting the application."

  第一百七十三条 人民法院根据被认定为无民事行为能力人、限制民事行为能力人或者他的监护人的申请,证实该公民无民事行为能力或者限制民事行为能力的原因已经消除的,应当作出新判决,撤销原判决。

  "Article 173 If, upon the application of a person who has been determined as one of legal incapacity or restricted legal capacity or upon the application of his guardian, the people's court confirms that the causes of that person's legal incapacity or restricted legal capacity have been eliminated, a new judgment shall be made annulling the previous one."

  第五节 认定财产无主案件

  Section 5 Cases Concerning the Determination of a Property as Ownerless

  第一百七十四条 申请认定财产无主,由公民、法人或者其他组织向财产所在地基层人民法院提出。

  "Article 174 An application for determining a property as ownerless shall be filed by a citizen, legal person or any other organization with the basic people's court in the place where the property is located."

  申请书应当写明财产的种类、数量以及要求认定财产无主的根据。

  The application shall clearly state the type and quantity of the property and the grounds on which the application for determining the property as ownerless is filed.

  第一百七十五条 人民法院受理申请后,经审查核实,应当发出财产认领公告。

  "Article 175 The people's court shall, after accepting such an application and upon examination and verification of it, issue a public notice calling on the owner to claim the property. "

  公告满一年无人认领的,判决认定财产无主,收归国家或者集体所有。

  "If no one claims the property one year after the issue of the public notice, the people's court shall make a judgment determining the property as ownerless and turn it over to the State or the collective concerned."

  第一百七十六条 判决认定财产无主后,原财产所有人或者继承人出现,在民法通则规定的诉讼时效期间可以对财产提出请求,人民法院审查属实后,应当作出新判决,撤销原判决。

  "Article 176 If, after a property has been determined by a judgment as ownerless, the owner of the property or his successor appears, such a person may file a claim for the property within the period of limitation specified in the General Principles of the Civil Law. The people's court shall, after examination and verification of the claim, make a new judgment, annulling the previous one."

  第二编 审判程序 第十六章 审判监督程序

  Chapter XVI Procedure for Trial Supervision

  第一百七十七条 各级人民法院院长对本院已经发生法律效力的判决、裁定,发现确有错误,认为需要再审的,应当提交审判委员会讨论决定。

  "Article 177 If the president of a people's court at any level finds definite error in a legally effective judgment or written order of his court and deems it necessary to have the case retried, he shall refer it to the judicial committee for discussion and decision."

  最高人民法院对地方各级人民法院已经发生法律效力的判决、裁定,上级人民法院对下级人民法院已经发生法律效力的判决、裁定,发现确有错误的,有权提审或者指令下级人民法院再审。

  "If the Supreme People's Court finds definite error in a legally effective judgement or written order of a local people's court at any level, or if a people's court at a higher level finds some definite error in a legally effective judgment or written order of a people's court at a lower level, it shall respectively have the power to bring the case up for trial by itself or direct the people's court at a lower level to conduct a retrial."

  第一百七十八条 当事人对已经发生法律效力的判决、裁定,认为有错误的,可以向原审人民法院或者上一级人民法院申请再审,但不停止判决、裁定的执行。

  "Article 178 If a party to an action considers that there is error in a legally effective judgment or written order, he may apply to the people's court which originally tried the case or to a people's court at the next higher level for a retrial; however, execution of the judgment or order shall not be suspended."

  第一百七十九条 当事人的申请符合下列情形之一的,人民法院应当再审:

  "Article 179 If an application made by a party meets any of the following conditions, the people's court shall retry the case: "

  (一)有新的证据,足以推翻原判决、裁定的;

  (1) there is sufficient new evidence to set aside the original judgment or written order;

  (二)原判决、裁定认定事实的主要证据不足的;

  (2) the main evidence on which the facts were ascertained in the original judgment or written order was insufficient;

  (三)原判决、裁定适用法律确有错误的;

  (3) there was definite error in the application of the law in the original judgment or written order;

  (四)人民法院违反法定程序,可能影响案件正确判决、裁定的;

  (4) there was violation by the people's court of the legal procedure which may have affected the correctness of the judgment or written order in the case;

  (五)审判人员在审理该案件时有贪污受贿,徇私舞弊,枉法裁判行为的。

  "or (5) the judicial officers have committed embezzlement, accepted bribes, done malpractices for personal benefits and perverted the law in the adjudication of the case."

  人民法院对不符合前款规定的申请,予以驳回。

  The people's court shall reject the application that meets none of the conditions specified above.

  第一百八十条 当事人对已经发生法律效力的调解书,提出证据证明调解违反自愿原则或者调解协议的内容违反法律的,可以申请再审。

  "Article 180 With respect to a legally effective conciliation statement, if evidence furnished by a party proves that the conciliation violates the principle of voluntariness or that the content of the conciliation agreement violates the law, the party may apply for a retrial."

  经人民法院审查属实的,应当再审。

  " If the foregoing proves true after its examination, the people's court shall retry the case."

  第一百八十一条 当事人对已经发生法律效力的解除婚姻关系的判决,不得申请再审。

  "Article 181 With respect to a legally effective judgment on dissolution of marriage, neither of the two parties shall apply for a retrial."

  第一百八十二条 当事人申请再审,应当在判决、裁定发生法律效力后二年内提出。

  Article 182 Application for a retrial made by a party must be submitted within two years after the judgment or written order becomes legally effective.

  第一百八十三条 按照审判监督程序决定再审的案件,裁定中止原判决的执行。裁定由院长署名,加盖人民法院印章。

  "Article 183 When a decision is made to retry a case in accordance with the procedure for trial supervision, the execution of the original judgment shall be suspended by a written order which shall be signed by the president of the court with the seal of the people's court affixed to it."

  第一百八十四条 人民法院按照审判监督程序再审的案件,发生法律效力的判决、裁定是由第一审法院作出的,按照第一审程序审理,所作的判决、裁定,当事人可以上诉;

  "Article 184 With respect to a case pending retrial by a people's court in accordance with the procedure for trial supervision, if the legally effective judgment or written order was made by a court of first instance, the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the new judgment or order; "

  发生法律效力的判决、裁定是由第二审法院作出的,按照第二审程序审理,所作的判决、裁定,是发生法律效力的判决、裁定;

  "if the legally effective judgment or written order was made by a court of second instance, the case shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective; "

  上级人民法院按照审判监督程序提审的,按照第二审程序审理,所作的判决、裁定是发生法律效力的判决、裁定。

  "if it is a case which was brought up for trial by a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective."

  人民法院审理再审案件,应当另行组成合议庭。

  The people's court shall form a new collegial panel for the purpose of the retrial.

  第一百八十五条 最高人民检察院对各级人民法院已经发生法律效力的判决、裁定,上级人民检察院对下级人民法院已经发生法律效力的判决、裁定,发现有下列情形之一的,应当按照审判监督程序提出抗诉:

  "Article 185 If the Supreme People's Procuratorate finds that a legally effective judgment or written order made by a people's court at any level involves any of the following circumstances, or if a people's procuratorate at a higher level finds that a legally effective judgment or written order made by a people's court at a lower level involves any of the following circumstances, the Supreme People's Procuratorate or the people's procuratorate at a higher level shall respectively lodge a protest in accordance with the procedure for trial supervision: "

  (一)原判决、裁定认定事实的主要证据不足的;

  (1) the main evidence for ascertaining the facts in the previous judgment or written order was insufficient;

  (二)原判决、裁定适用法律确有错误的;

  (2) there was a definite error in the application of the law in the previous judgment or written order;

  (三)人民法院违反法定程序,可能影响案件正确判决、裁定的;

  (3) there was violation by the people's court of the legal procedure which may have affected the correctness of the judgment or written order;

  (四)审判人员在审理该案件时有贪污受贿,徇私舞弊,枉法裁判行为的。

  "or (4) the judicial officers have committed embezzlement, accepted bribes, done malpractice for personal benefits and perverted the law in the trial of the case. "

  地方各级人民检察院对同级人民法院已经发生法律效力的判决、裁定,发现有前款规定情形之一的,应当提请上级人民检察院按照审判监督程序提出抗诉。

  "If a local people's procuratorate at any level finds that a legally effective judgment or written order made by a people's court at the corresponding level involves any of the circumstances specified above, it shall refer the matter to the people's procuratorate at a higher level with the request that a protest be lodged by the latter in accordance with the procedure for trial supervision."

  第一百八十六条 人民检察院提出抗诉的案件,人民法院应当再审。

  Article 186 Cases in which protest was made by the people's procuratorate shall be retried by the people's court.

  第一百八十七条 人民检察院决定对人民法院的判决、裁定提出抗诉的,应当制作抗诉书。

  "Article 187 When a people's procuratorate decides to lodge a protest against a judgment or written order made by a people's court, it shall make the protest in writing."

  第一百八十八条 人民检察院提出抗诉的案件,人民法院再审时,应当通知人民检察院派员出席法庭。

  "Article 188 The people's court shall, in retrying a case in which protest was lodged by a people's procuratorate, notify the procuratorate to send representatives to attend the court session."

  第十七章 督促程序

  Chapter XVII Procedure for Hastening Debt Recovery

  第一百八十九条 债权人请求债务人给付金钱、有价证券,符合下列条件的,可以向有管辖权的基层人民法院申请支付令:

  "Article 189 When a creditor requests payment of a pecuniary debt or recovery of negotiable instruments from a debtor, he may, if the following requirements are met, apply to the basic people's court that has jurisdiction for an order of payment: "

  (一)债权人与债务人没有其他债务纠纷的;

  (1) no other debt disputes exist between the creditor and the debtor;

  (二)支付令能够送达债务人的。

  and (2) the order of payment can be served on the debtor.

  申请书应当写明请求给付金钱或者有价证券的数量和所根据的事实、证据。

  The application shall clearly state the requested amount of money or of the negotiable instruments and the facts and evidence on the basis of which the application is made.

  第一百九十条 债权人提出申请后,人民法院应当在五日内通知债权人是否受理。

  "Article 190 After the creditor has submitted his application, the people's court shall within five days inform the creditor whether it accepts the application or not."

  第一百九十一条 人民法院受理申请后,经审查债权人提供的事实、证据,对债权债务关系明确、合法的,应当在受理之日起十五日内向债务人发出支付令;

  "Article 191 After accepting the application and upon examination of the facts and evidence provided by the creditor, the people's court shall, if the rights and obligations relationship between the creditor and the debtor is clear and legitimate, issue within 15 days after accepting the application an order of payment to the debtor; "

  申请不成立的,裁定予以驳回。

  "if the application is unfounded, the people's court shall make an order to reject it."

  债务人应当自收到支付令之日起十五日内清偿债务,或者向人民法院提出书面异议。

  "The debtor shall, within 15 days after receipt of the order of payment, clear off his debts or submit to the people's court his dissent in writing."

  债务人在前款规定的期间不提出异议又不履行支付令的,债权人可以向人民法院申请执行。

  "If the debtor has neither dissented from nor complied with the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for execution."

  第一百九十二条 人民法院收到债务人提出的书面异议后,应当裁定终结督促程序,支付令自行失效,债权人可以起诉。

  "Article 192 The people's court shall, on receiving the dissent in writing submitted by the debtor, make an order to terminate the procedure for hastening debt recovery and the order of payment shall of itself be invalidated. The creditor may bring an action in the people's court."

  第十八章 公示催告程序

  Chapter XVIII Procedure for Publicizing Public Notice for Ass ertion of Claims

  第一百九十三条 按照规定可以背书转让的票据持有人,因票据被盗、遗失或者灭失,可以向票据支付地的基层人民法院申请公示催告。

  "Article 193 Any holder of a bill transferable by endorsement according to the law may, if the bill is stolen, lost, or destroyed, apply to the basic people's court of the place where the bill is to be paid for publication of public notice for assertion of claims. "

  依照法律规定可以申请公示催告的其他事项,适用本章规定。

  "The provisions of this Chapter shall apply to other matters for which, according to the law, an application for publication of a public notice for assertion of claims may be made."

  申请人应当向人民法院递交申请书,写明票面金额、发票人、持票人、背书人等票据主要内容和申请的理由、事实。

  "The applicant shall submit to the people's court an application which clearly states the main contents of the bill such as the face amount, the drawer, the holder, the endorser, and the facts and reasons in respect of the application."

  第一百九十四条 人民法院决定受理申请,应当同时通知支付人停止支付,并在三日内发出公告,催促利害关系人申报权利。

  "Article 194 The people's court shall, upon deciding to accept the application, notify the payor concerned in the meantime to suspend the payment, and shall, within three days, issue a public notice for the interested parties to assert their rights. "

  公示催告的期间,由人民法院根据情况决定,但不得少于六十日。

  "The period of the public notice shall be decided at the discretion of the people's court; however, it shall not be less than 60 days."

  第一百九十五条 支付人收到人民法院停止支付的通知,应当停止支付,至公示催告程序终结。

  "Article 195 The payor shall, upon receiving the notification by the people's court to suspend the payment, do so accordingly till the conclusion of the procedure for publicizing a public notice for assertion of claims."

  公示催告期间,转让票据权利的行为无效。

  "Within the period of the public notice, assignment of rights on the bill shall be void."

  第一百九十六条 利害关系人应当在公示催告期间向人民法院申报。

  Article 196 Interested party or parties as claimants shall report their claims to the people's court within the period of the public notice.

  人民法院收到利害关系人的申报后,应当裁定终结公示催告程序,并通知申请人和支付人。

  "After receiving the report on the claims by interested party or parties, the people's court shall make a written order to terminate the procedure for publicizing public notice for assertion of claims, and notify the applicant and the payor."

  申请人或者申报人可以向人民法院起诉。

  The applicant or the claimants may bring an action in the people's court.

  第一百九十七条 没有人申报的,人民法院应当根据申请人的申请,作出判决,宣告票据无效。

  "Article 197 If no claim is asserted, the people's court shall make a judgment on the basis of the application to declare the bill in question null and void."

  判决应当公告,并通知支付人。

  The judgment shall be published and the payor notified accordingly.

  自判决公告之日起,申请人有权向支付人请求支付。

  "As of the date of publication of the judgment, the applicant shall be entitled to payment by the payor."

  第一百九十八条 利害关系人因正当理由不能在判决前向人民法院申报的,自知道或者应当知道判决公告之日起一年内,可以向作出判决的人民法院起诉。

  "Article 198 If an interested party for justified reasons was unable to submit his claim to the people's court before the judgment is made, he may, within one year after the day he knows or should know the publication of the judgment, bring an action in the people's court which has made the judgment."

  第十九章 企业法人破产还债程序

  Chapter XIX Procedure for Bankruptcy and Debt Repayment of Legal P erson Enterprises

  第一百九十九条 企业法人因严重亏损,无力清偿到期债务,债权人可以向人民法院申请宣告债务人破产还债,债务人也可以向人民法院申请宣告破产还债。

  "Article 199 If a legal person enterprise has suffered serious losses and is unable to repay the debts at maturity, the creditors may apply to a people's court for declaring the debtor bankrupt for debts to be repaid; the debtor may likewise apply to a people's court for declaring bankruptcy for debts to be repaid."

  第二百条 人民法院裁定宣告进入破产还债程序后,应当在十日内通知债务人和已知的债权人,并发出公告。

  "Article 200 After making an order to declare the initiation of the bankruptcy and debt repayment proceedings, the people's court shall notify the debtor and the known creditors within ten days and also make a public announcement."

  债权人应当在收到通知后三十日内,未收到通知的债权人应当自公告之日起三个月内,向人民法院申报债权。

  "Creditors who have been notified shall, within 30 days after receiving the notice, and those who have not been notified shall, within three months after the date of the announcement, lodge their claims with the people's court. "

  逾期未申报债权的,视为放弃债权。

  Creditors who fail to lodge their claims during the respective periods shall be deemed to have abandoned their rights.

  债权人可以组成债权人会议,讨论通过破产财产的处理和分配方案或者和解协议。

  "Creditors may organize a creditors' meeting to discuss and approve of a formula for the disposition and distribution of bankrupt property, or for a composition agreement."

  第二百零一条 人民法院可以组织有关机关和有关人员成立清算组织。

  Article 201 The people's court may appoint a liquidation commission formed by relevant state organs and persons concerned.

  清算组织负责破产财产的保管、清理、估价、处理和分配。

  "The liquidation commission shall take charge of the custody of the bankrupt property, its liquidation, assessment, disposition and distribution. "

  清算组织可以依法进行必要的民事活动。

  The liquidation commission may also engage in necessary activities of a civil nature according to the law.

  清算组织对人民法院负责并报告工作。

  The liquidation commission shall be responsible and report its work to the people's court.

  第二百零二条 企业法人与债权人会议达成和解协议的,经人民法院认可后,由人民法院发布公告,中止破产还债程序。

  "Article 202 If the legal person enterprise and the creditors reach a composition agreement, the people's court shall, after approving the agreement, make a public announcement of it and terminate the bankruptcy and debt repayment proceedings. "

  和解协议自公告之日起具有法律效力。

  The composition agreement shall be legally effective as of the date of the public announcement.

  第二百零三条 已作为银行贷款等债权的抵押物或者其他担保物的财产,银行和其他债权人享有就该抵押物或者其他担保物优先受偿的权利。

  "Article 203 With respect to the property mortgaged or otherwise used as security for bank loans or other obligations, the bank and other creditors shall have priority in the repayment of debts as regards the property mortgaged or used as security for other kinds of obligations. "

  抵押物或者其他担保物的价款超过其所担保的债务数额的,超过部分属于破产还债的财产。

  "If the money value of the property mortgaged or used as security for other kinds of obligations exceeds the amount of loans secured, the surplus shall go to the bankrupt property for debt repayment."

  第二百零四条 破产财产优先拨付破产费用后,按照下列顺序清偿:

  "Article 204 After deduction of bankruptcy proceedings expenses from the bankrupt property, first repayment shall be made in the following order of priority: "

  (一)破产企业所欠职工工资和劳动保险费用;

  (1) wages and salaries of staff and workers and labour insurance expenses that are owned by the bankrupt enterprise;

  (二)破产企业所欠税款;

  (2) taxes owed by the bankrupt enterprise;

  (三)破产债权。

  and (3) claims by creditors in the bankruptcy proceedings.

  破产财产不足清偿同一顺序的清偿要求的,按照比例分配。

  "Where the bankrupt property is insufficient to meet the repayment claims of the same order of priority, it shall be distributed on a pro-rata basis."

  第二百零五条 企业法人破产还债,由该企业法人住所地的人民法院管辖。

  Article 205 The debt repayment of a bankrupt legal person enterprise shall be under the jurisdiction of the people's court of the place where the legal person enterprise is located.

  第二百零六条 全民所有制企业的破产还债程序适用中华人民共和国企业破产法的规定。

  Article 206 The provisions of the Law of the People's Republic of China on Enterprise Bankruptcy shall apply to bankruptcy and debt repayment of enterprises owned by the whole people.

  不是法人的企业、个体工商户、农村承包经营户、个人合伙,不适用本章规定。

  "The provisions of this Chapter shall not apply to non-legal person enterprises, individual businesses, leaseholding farm households and partnerships by private individuals."

  第三编 执行程序 第二十章 一般规定

  PART THREE PROCEDURE OF EXECUTION Chapter XX General Provisions

  第二百零七条 发生法律效力的民事判决、裁定,以及刑事判决、裁定中的财产部分,由第一审人民法院执行。

  "Article 207 Legally effective judgments or written orders in civil cases, as well as the parts of judgments or written orders that relate to property in criminal cases, shall be executed by the people's court of first instance."

  法律规定由人民法院执行的其他法律文书,由被执行人住所地或者被执行的财产所在地人民法院执行。

  Other legal documents which are to be executed by a people's court as prescribed by the law shall be executed by the people's court of the place where the person subjected to execution has his domicile or where the property subject to execution is located.

  第二百零八条 执行过程中,案外人对执行标的提出异议的,执行员应当按照法定程序进行审查。

  "Article 208 If, in the course of execution, an outsider raises an objection with respect to the object subjected to execution, the execution officer shall examine the objection in accordance with the procedure prescribed by the law. "

  理由不成立的,予以驳回;理由成立的,由院长批准中止执行。

  " If the reasons for the objection are untenable, the objection shall be rejected; if otherwise, execution shall be suspended with the approval of the president of the court."

  如果发现判决、裁定确有错误,按照审判监督程序处理。

  "If definite error is found in the judgment or the written order, it shall be dealt with in accordance with the procedure for trial supervision."

  第二百零九条 执行工作由执行员进行。

  Article 209 Execution work shall be carried out by the execution officer.

  采取强制执行措施时,执行员应当出示证件。

  "When carrying out a compulsory execution measure, the execution officer shall produce his credentials."

  执行完毕后,应当将执行情况制作笔录,由在场的有关人员签名或者盖章。

  " After the execution is completed, the execution officer shall make a record of the particulars of the execution, and have it signed or sealed by the persons concerned on the scene."

  基层人民法院、中级人民法院根据需要,可以设立执行机构。执行机构的职责由最高人民法院规定。

  "The basic people's court and the intermediate people's court may, when necessary, establish execution organs, whose functions shall be defined by the Supreme People's Court."

  第二百一十条 被执行人或者被执行的财产在外地的,可以委托当地人民法院代为执行。

  "Article 210 If a person or property subjected to execution is in another locality, the people's court in that locality may be entrusted with the carrying out of the execution. "

  受委托人民法院收到委托函件后,必须在十五日内开始执行,不得拒绝。

  The entrusted people's court shall begin the execution within 15 days after receiving a letter of entrustment and shall not refuse to do so.

  执行完毕后,应当将执行结果及时函复委托人民法院;

  "After the execution has been completed, the entrusted people's court shall promptly inform the entrusting people's court, by letter, of the result of the execution."

  在三十日内如果还未执行完毕,也应当将执行情况函告委托人民法院。

  " If the execution has not been completed within 30 days, the entrusted people's court shall also inform the entrusting people's court, by letter, of the particulars of the execution."

  受委托人民法院自收到委托函件之日起十五日内不执行的,委托人民法院可以请求受委托人民法院的上级人民法院指令受委托人民法院执行。

  "If the entrusted people's court does not carry out the execution within 15 days after receiving the letter of entrustment, the entrusting people's court may request the people's court at a higher level over the entrusted people's court to instruct the entrusted people's court to carry out the execution."

  第二百一十一条 在执行中,双方当事人自行和解达成协议的,执行员应当将协议内容记入笔录,由双方当事人签名或者盖章。

  "Article 211 If in the course of execution the two parties become reconciled and reach a settlement agreement on their own initiative, the execution officer shall make a record of the contents of the agreement, and both parties shall affix their signatures or seals to the record."

  一方当事人不履行和解协议的,人民法院可以根据对方当事人的申请,恢复对原生效法律文书的执行。

  "If either party fails to fulfil the settlement agreement, the people's court may, at the request of the other party, resume the execution of the legal document which was originally effective."

  第二百一十二条 在执行中,被执行人向人民法院提供担保,并经申请执行人同意的,人民法院可以决定暂缓执行及暂缓执行的期限。

  "Article 212 In the course of execution, if the person subjected to execution provides a guaranty, the people's court may, with the consent of the person who has applied for execution, decide on the suspension of the execution and the time limit for such suspension. "

  被执行人逾期仍不履行的,人民法院有权执行被执行人的担保财产或者担保人的财产。

  "If the person subjected to execution still fails to perform his obligations after the time limit, the people's court shall have the power to execute the property he provided as security or the property of the guarantor."

  第二百一十三条 作为被执行人的公民死亡的,以其遗产偿还债务。

  "Article 213 If the citizen subjected to execution dies, his debts shall be paid off from the deceased estate; "

  作为被执行人的法人或者其他组织终止的,由其权利义务承受人履行义务。

  "if a legal person or any other organization subjected to execution dissolves, the party that succeeds to its rights and obligations shall fulfil the obligations."

  第二百一十四条 执行完毕后,据以执行的判决、裁定和其他法律文书确有错误,被人民法院撤销的,对已被执行的财产,人民法院应当作出裁定,责令取得财产的人返还;

  "Article 214 After the completion of execution, if definite error is found in the executed judgment, written order or other legal documents resulting in the annulment of such judgment, order or legal documents by the people's court, the said court shall, with respect to the property which has been executed, make a written order that persons who have obtained the property shall return it. "

  拒不返还的,强制执行。

  "In the event of refusal to return such property, compulsory execution shall be carried out."

  第二百一十五条 人民法院制作的调解书的执行,适用本编的规定。

  Article 215 The provisions of this Part shall be applicable to the execution of the conciliation statement as drawn up by the people's court.

  第二十一章 执行的申请和移送

  Chapter XXI Application for Execution and Referral

  第二百一十六条 发生法律效力的民事判决、裁定,当事人必须履行。

  Article 216 The parties concerned must comply with legally effective judgments or written orders in civil cases.

  一方拒绝履行的,对方当事人可以向人民法院申请执行,也可以由审判员移送执行员执行。

  "If a party refuses to do so, the other party may apply to the people's court for execution, or the judge may refer the matter to the execution officer for enforcement."

  调解书和其他应当由人民法院执行的法律文书,当事人必须履行。

  The parties concerned must comply with the conciliation statement and other legal documents that are to be executed by the people's court.

  一方拒绝履行的,对方当事人可以向人民法院申请执行。

  " If a party refuses to do so, the other party may apply to the people's court for enforcement."

  第二百一十七条 对依法设立的仲裁机构的裁决,一方当事人不履行的,对方当事人可以向有管辖权的人民法院申请执行。

  "Article 217 If a party fails to comply with an award of an arbitral organ established according to the law, the other party may apply for execution to the people's court which has jurisdiction over the case. "

  受申请的人民法院应当执行。

  The people's court applied to shall enforce the award.

  被申请人提出证据证明仲裁裁决有下列情形之一的,经人民法院组成合议庭审查核实,裁定不予执行:

  "If the party against whom the application is made furnishes proof that the arbitral award involves any of the following circumstances, the people's court shall, after examination and verification by a collegial panel, make a written order not to allow the enforcement:"

  (一)当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的;

  " (1) the parties have had no arbitration clause in their contract, nor have subsequently reached a written agreement on arbitration; "

  (二)裁决的事项不属于仲裁协议的范围或者仲裁机构无权仲裁的;

  (2) the matters dealt with by the award fall outside the scope of the arbitration agreement or are matters which the arbitral organ has no power to arbitrate;

  (三)仲裁庭的组成或者仲裁的程序违反法定程序的;

  (3) the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed by the law;

  (四)认定事实的主要证据不足的;

  (4) the main evidence for ascertaining the facts is insufficient;

  (五)适用法律确有错误的;

  (5) there is definite error in the application of the law;

  (六)仲裁员在仲裁该案时有贪污受贿,徇私舞弊,枉法裁决行为的。

  " or (6) the arbitrators have committed embezzlement, accepted bribes or done malpractice for personal benefits or perverted the law in the arbitration of the case."

  人民法院认定执行该裁决违背社会公共利益的,裁定不予执行。

  "If the people's court determines that the execution of the arbitral award is against the social and public interest, it shall make an order not to allow the execution."

  裁定书应当送达双方当事人和仲裁机构。

  The above-mentioned written order shall be served on both parties and the arbitral organ.

  仲裁裁决被人民法院裁定不予执行的,当事人可以根据双方达成的书面仲裁协议重新申请仲裁,也可以向人民法院起诉。

  "If the execution of an arbitral award is disallowed by a written order of the people's court, the parties may, in accordance with a written agreement on arbitration reached between them, apply for arbitration again; they may also bring an action in a people's court."

  第二百一十八条 对公证机关依法赋予强制执行效力的债权文书,一方当事人不履行的,对方当事人可以向有管辖权的人民法院申请执行,受申请的人民法院应当执行。

  "Article 218 If a party fails to comply with a document evidencing the creditor's rights made enforceable according to the law by a notary office, the other party may apply to the people's court which has jurisdiction over the case for execution. The people's court applied to shall enforce such document."

  公证债权文书确有错误的,人民法院裁定不予执行,并将裁定书送达双方当事人和公证机关。

  "If the people's court finds definite error in the document of creditor's rights, it shall make an order not to allow the execution and serve the order on both parties concerned as well as the notary office."

  第二百一十九条 申请执行的期限,双方或者一方当事人是公民的为一年,双方是法人或者其他组织的为六个月。

  "Article 219 The time limit for the submission of an application for execution shall be one year, if both or one of the parties are citizens; it shall be six months if both parties are legal persons or other organizations."

  前款规定的期限,从法律文书规定履行期间的最后一日起计算;

  The above-mentioned time limit shall be calculated from the last day of the period of performance specified by the legal document.

  法律文书规定分期履行的,从规定的每次履行期间的最后一日起计算。

  "If the legal document specifies performance in stages, the time limit shall be calculated from the last day of the period specified for each stage of performance."

  第二百二十条 执行员接到申请执行书或者移交执行书,应当向被执行人发出执行通知,责令其在指定的期间履行,逾期不履行的,强制执行。

  "Article 220 The execution officer shall, after receiving the application for execution or the writ of referral directing execution, send an execution notice to the person subjected to execution, instructing him to comply within the specified time. If the person fails to comply accordingly, compulsory execution shall be carried out."

  第二十二章 执行措施

  Chapter XXII Execution Measures

  第二百二十一条 被执行人未按执行通知履行法律文书确定的义务,人民法院有权向银行、信用合作社和其他有储蓄业务的单位查询被执行人的存款情况,有权冻结、划拨被执行人的存款,

  "Article 221 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to make inquiries with banks, credit cooperatives or other units that deal with savings deposit into the deposit accounts of the person subjected to execution, and shall be empowered to freeze or transfer his deposits; "

  但查询、冻结、划拨存款不得超出被执行人应当履行义务的范围。

  "however, the inquiries, freezing or transfer of the deposits shall not exceed the scope of the obligations to be fulfilled by the person subjected to execution."

  人民法院决定冻结、划拨存款,应当作出裁定,并发出协助执行通知书,

  "The people's court shall, in deciding to freeze or transfer a deposit, make a written order and issue a notice for assistance in execution."

  银行、信用合作社和其他有储蓄业务的单位必须办理。

  "Banks, credit cooperatives or other units that deal with savings deposit must comply with it."

  第二百二十二条 被执行人未按执行通知履行法律文书确定的义务,人民法院有权扣留、提取被执行人应当履行义务部分的收入。

  "Article 222 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to withhold or withdraw part of the income of the person subjected to execution, for the fulfilment of his obligations. "

  但应当保留被执行人及其所扶养家属的生活必需费用。

  "However, it shall leave out the necessary living expenses for the person subjected to execution and his dependant family members."

  人民法院扣留、提取收入时,应当作出裁定,并发出协助执行通知书,被执行人所在单位、银行、信用合作社和其他有储蓄业务的单位必须办理。

  "The people's court shall, when withholding or withdrawing the income, make a written order and issue a notice for assistance in execution. The unit in which the person subjected to execution works, banks, credit cooperatives or other units that deal with savings deposit must comply with the notice."

  第二百二十三条 被执行人未按执行通知履行法律文书确定的义务,人民法院有权查封、扣押、冻结、拍卖、变卖被执行人应当履行义务部分的财产。

  "Article 223 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to seal up, distrain, freeze, sell by public auction, or sell off part of the property of the person subjected to execution for the fulfilment of his obligations."

  但应当保留被执行人及其所扶养家属的生活必需品。

  " However, it shall leave out the necessaries of life for the person subjected to execution and his dependant family members."

  采取前款措施,人民法院应当作出裁定。

  The people's court shall make an order for the adoption of the measures specified in the preceding paragraph.

  第二百二十四条 人民法院查封、扣押财产时,被执行人是公民的,应当通知被执行人或者他的成年家属到场;

  "Article 224 When the people's court seals up or distrains a property, it shall, if the person subjected to execution is a citizen, notify him or an adult member of his family to appear on the scene; "

  被执行人是法人或者其他组织的,应当通知其法定代表人或者主要负责人到场。

  "if the party subjected to execution is a legal person or any other organization, it shall notify its legal representatives or its principal heads to be present. "

  拒不到场的,不影响执行。

  Their refusal to appear on the scene shall not hinder the execution.

  被执行人是公民的,其工作单位或者财产所在地的基层组织应当派人参加。

  "If the person subjected to execution is a citizen, his unit or the grass-roots organization of the place where his property is located shall send a representative to attend the execution."

  对被查封、扣押的财产,执行员必须造具清单,由在场人签名或者盖章后,交被执行人一份。

  "An inventory of the sealed-up or distrained property must be made by the execution officer and, after the inventory has been signed or sealed by the persons on the scene, a copy of it shall be given to the person subjected to execution. "

  被执行人是公民的,也可以交他的成年家属一份。

  "If the person subjected to execution is a citizen, another copy may be given to an adult member of his family."

  第二百二十五条 被查封的财产,执行员可以指定被执行人负责保管。因被执行人的过错造成的损失,由被执行人承担。

  "Article 225 The execution officer may commit the sealed-up property to the person subjected to execution for safekeeping, and the person shall be held responsible for any losses incurred due to his fault."

  第二百二十六条 财产被查封、扣押后,执行员应当责令被执行人在指定期间履行法律文书确定的义务。

  "Article 226 After a property has been sealed up or distrained, the execution officer shall instruct the person subjected to execution to fulfil, within the prescribed period, the obligations specified in the legal document. "

  被执行人逾期不履行的,人民法院可以按照规定交有关单位拍卖或者变卖被查封、扣押的财产。

  "If the person has not fulfilled his obligations upon expiration of the period, the people's court may, in accordance with the relevant legal provisions, entrust the relevant units with selling by public auction or selling off the sealed-up or distrained property. "

  国家禁止自由买卖的物品,交有关单位按照国家规定的价格收购。

  Articles which are prohibited from free trading by the State shall be delivered to and purchased by the relevant units at the price fixed by the State.

  第二百二十七条 被执行人不履行法律文书确定的义务,并隐匿财产的,人民法院有权发出搜查令,对被执行人及其住所或者财产隐匿地进行搜查。

  "Article 227 If the person subjected to execution fails to fulfil his obligations specified in the legal document and conceals his property, the people's court shall be empowered to issue a search warrant and search him and his domicile or the place where the property was concealed."

  采取前款措施,由院长签发搜查令。

  "In adopting the measure mentioned in the preceding paragraph, the president of the people's court shall sign and issue the search warrant."

  第二百二十八条 法律文书指定交付的财物或者票证,由执行员传唤双方当事人当面交付,或者由执行员转交,并由被交付人签收。

  "Article 228 With respect to the property or negotiable instruments specified for delivery in the legal document, the execution officer shall summon both parties concerned and deliver them in their presence or the execution officer may forward them to the recipient, who shall sign and give a receipt."

  有关单位持有该项财物或者票证的,应当根据人民法院的协助执行通知书转交,并由被交付人签收。

  "Any unit concerned that has in possession the property or negotiable instruments shall turn them over to the recipient in accordance with the notice of the people's court for assistance in execution, and the recipient shall sign and give a receipt."

  有关公民持有该项财物或者票证的,人民法院通知其交出。

  "If any citizen concerned has in possession the property or negotiable instruments, the people's court shall notify him to hand them over."

  拒不交出的,强制执行。

  " If he refuses to do so, compulsory execution shall be carried out."

  第二百二十九条 强制迁出房屋或者强制退出土地,由院长签发公告,责令被执行人在指定期间履行。

  "Article 229 Compulsory eviction from a building or a plot of land shall require a public notice signed and issued by the president of a people's court, instructing the person subjected to execution to comply within a specified period of time."

  被执行人逾期不履行的,由执行员强制执行。

  " If the person subjected to execution fails to do so upon the expiration of the period, compulsory execution shall be carried out by the execution officer."

  强制执行时,被执行人是公民的,应当通知被执行人或者他的成年家属到场;

  "When compulsory execution is being carried out, if the person subjected to execution is a citizen, the person or an adult member of his family shall be notified to be present; "

  被执行人是法人或者其他组织的,应当通知其法定代表人或者主要负责人到场。

  "if the party subjected to execution is a legal person or any other organization, its legal representatives or principal heads shall be notified to be present; "

  拒不到场的,不影响执行。

  their refusal to be present shall not hinder the execution.

  被执行人是公民的,其工作单位或者房屋、土地所在地的基层组织应当派人参加。

  " If the person subjected to execution is a citizen, his work unit or the grass-roots organization in the locality of the building or the plot of land shall send a representative for attendance."

  执行员应当将强制执行情况记入笔录,由在场人签名或者盖章。

  "The execution officer shall make a record of the particulars of the compulsory execution, with the signatures or seals of the persons on the scene affixed to it."

  强制迁出房屋被搬出的财物,由人民法院派人运至指定处所,交给被执行人。被执行人是公民的,也可以交给他的成年家属。因拒绝接收而造成的损失,由被执行人承担。

  "The people's court shall assign personnel to transport the property removed in a compulsory eviction from a building to a designated location and turn it over to the person subjected to execution or, if the person is a citizen, to an adult member of his family; if any loss is incurred due to such person's refusal to accept the property, the loss shall be borne by the person subjected to execution."

  第二百三十条 在执行中,需要办理有关财产权证照转移手续的,人民法院可以向有关单位发出协助执行通知书,有关单位必须办理。

  "Article 230 In the course of execution, if certain formalities for the transfer of certificates of property right need to be gone through, the people's court may issue a notice for assistance in execution to the relevant units, and they must comply with it."

  第二百三十一条 对判决、裁定和其他法律文书指定的行为,被执行人未按执行通知履行的,人民法院可以强制执行或者委托有关单位或者其他人完成,费用由被执行人承担。

  "Article 231 If the person subjected to execution fails to perform acts specified in a judgement or written order or any other legal document according to the execution notice, the people's court may carry out compulsory execution or entrust the task to a relevant unit or other persons, and the person subjected to execution shall bear the expenses thus incurred."

  第二百三十二条 被执行人未按判决、裁定和其他法律文书指定的期间履行给付金钱义务的,应当加倍支付迟延履行期间的债务利息。被执行人未按判决、裁定和其他法律文书指定的期间履行其他义务的,应当支付迟延履行金。

  "Article 232 If the person subjected to execution fails to fulfil his obligations with respect to pecuniary payment within the period specified by a judgment or written order or any other legal document, he shall pay double interest on the debt for the belated payment. If the person subjected to execution fails to fulfil his other obligations within the period specified in the judgment or written order or any other legal document, he shall pay a charge for the dilatory fulfilment."

  第二百三十三条 人民法院采取本法第二百二十一条、第二百二十二条、第二百二十三条规定的执行措施后,被执行人仍不能偿还债务的,应当继续履行义务。

  "Article 233 After the adoption of the execution measures stipulated in Articles 221, 222 and 223 of this Law, if the person subjected to execution is still unable to repay the debts, he shall continue to fulfil his obligations."

  债权人发现被执行人有其他财产的,可以随时请求人民法院执行。

  "If the creditor finds that the person subjected to execution has any other property, he may at any time apply to the people's court for execution."

  第二十三章 执行中止和终结

  Chapter XXIII Suspension and Termination of Execution

  第二百三十四条 有下列情形之一的,人民法院应当裁定中止执行:

  Article 234 The people's court shall make a written order to suspend execution under any of the following circumstances:

  (一)申请人表示可以延期执行的;

  (1) the applicant indicates that the execution may be postponed;

  (二)案外人对执行标的提出确有理由的异议的;

  (2) an outsider raises an obviously reasonable objection to the object of the execution;

  (三)作为一方当事人的公民死亡,需要等待继承人继承权利或者承担义务的;

  (3) a citizen as one of the parties dies and it is necessary to wait for the successor to inherit the rights of the deceased or to succeed to his obligations;

  (四)作为一方当事人的法人或者其他组织终止,尚未确定权利义务承受人的;

  " (4) a legal person or any other organization as one of the parties dissolves, and the party succeeding to its rights and obligations has not been determined;"

  (五)人民法院认为应当中止执行的其他情形。

  or (5) other circumstances occur under which the people's court deems the suspension of execution necessary.

  中止的情形消失后,恢复执行。

  Execution shall be resumed when the circumstances warranting the suspension of execution have disappeared.

  第二百三十五条 有下列情形之一的,人民法院裁定终结执行:

  Article 235 The people's court shall make a written order to terminate execution under any of the following circumstances:

  (一)申请人撤销申请的;

  (1) the applicant has withdrawn his application;

  (二)据以执行的法律文书被撤销的;

  (2) the legal document on which the execution is based has been revoked;

  (三)作为被执行人的公民死亡,无遗产可供执行,又无义务承担人的;

  "(3) the citizen subjected to execution dies and there is no estate that may be subjected to execution, nor anyone to succeed to his obligations; "

  (四)追索赡养费、扶养费、抚育费案件的权利人死亡的;

  (4) the person entitled to claim alimony or support for elders or children dies;

  (五)作为被执行人的公民因生活困难无力偿还借款,无收入来源,又丧失劳动能力的;

  "(5) the citizen subjected to execution is too badly off to repay his debts, has no source of income and has lost his ability to work as well; "

  (六)人民法院认为应当终结执行的其他情形。

  or (6) other circumstances occur under which the people's court deems the termination of execution necessary.

  第二百三十六条 中止和终结执行的裁定,送达当事人后立即生效。

  Article 236 A written order to suspend or terminate execution shall become effective immediately after being served on the parties concerned.

  第四编 涉外民事诉讼程序的特别规定 第二十四章 一般原则

  PART FOUR SPECIAL PROVISIONS FOR CIVIL PROCEDURE OF CASES INVO-LVIN G FOREIGN ELEMENT Chapter XXIV General Principles

  第二百三十七条 在中华人民共和国领域内进行涉外民事诉讼,适用本编规定。

  Article 237 The provisions of this Part shall be applicable to civil proceedings within the territory of the People's Republic of China in regard to cases involving foreign element.

  本编没有规定的,适用本法其他有关规定。

  "Where it is not covered by the provisions of this Part, other relevant provisions of this Law shall apply."

  第二百三十八条 中华人民共和国缔结或者参加的国际条约同本法有不同规定的,适用该国际条约的规定,但中华人民共和国声明保留的条款除外。

  "Article 238 If an international treaty concluded or acceded to by the People's Republic of China contains provisions that differ from provisions of this Law, the provisions of the international treaty shall apply, except those on which China has made reservations."

  第二百三十九条 对享有外交特权与豁免的外国人、外国组织或者国际组织提起的民事诉讼,应当依照中华人民共和国有关法律和中华人民共和国缔结或者参加的国际条约的规定办理。

  "Article 239 Civil actions brought against a foreign national, a foreign organization or an international organization that enjoys diplomatic privileges and immunities shall be dealt with in accordance with the relevant law of the People's Republic of China and the provisions of the international treaties concluded or acceded to by the People's Republic of China."

  第二百四十条 人民法院审理涉外民事案件,应当使用中华人民共和国通用的语言、文字。当事人要求提供翻译的,可以提供,费用由当事人承担。

  "Article 240 The people's court shall conduct trials of civil cases involving foreign element in the spoken and written language commonly used in the People's Republic of China. Translation may be provided at the request of the parties concerned, and the expenses shall be borne by them."

  第二百四十一条 外国人、无国籍人、外国企业和组织在人民法院起诉、应诉,需要委托律师代理诉讼的,必须委托中华人民共和国的律师。

  "Article 241 When foreign nationals, stateless persons or foreign enterprises and organizations need lawyers as agents ad litem to bring an action or enter appearance on their behalf in the people's court, they must appoint lawyers of the People's Republic of China."

  第二百四十二条 在中华人民共和国领域内没有住所的外国人、无国籍人、外国企业和组织委托中华人民共和国律师或者其他人代理诉讼,从中华人民共和国领域外寄交或者托交的授权委托书,应当经所在国公证机关证明,并经中华人民共和国驻该国使领馆认证,或者履行中华人民共和国与该所在国订立的有关条约中规定的证明手续后,才具有效力。

  "Article 242 Any power of attorney mailed or forwarded by other means from outside the territory of the People's Republic of China by a foreign national, stateless person or a foreign enterprise and organization that has no domicile in the People's Republic of China for the appointment of a lawyer or any other person of the People's Republic of China as an agent ad litem must be notarized by a notarial office in the country of domicile and authenticated by the Chinese embassy or consulate accredited to that country or, for the purpose of verification, must go through the formalities stipulated in the relevant bilateral treaties between China and that country before it becomes effective."

  第二十五章 管 辖

  Chapter XXV Jurisdiction

  第二百四十三条 因合同纠纷或者其他财产权益纠纷,对在中华人民共和国领域内没有住所的被告提起的诉讼,如果合同在中华人民共和国领域内签订或者履行,或者诉讼标的物在中华人民共和国领域内,或者被告在中华人民共和国领域内有可供扣押的财产,或者被告在中华人民共和国领域内设有代表机构,可以由合同签订地、合同履行地、诉讼标的物所在地、可供扣押财产所在地、侵权行为地或者代表机构住所地人民法院管辖。

  "Article 243 In the case of an action concerning a contract dispute or other disputes over property rights and interests, brought against a defendant who has no domicile within the territory of the People's Republic of China, if the contract is signed or performed within the territory of the People's Republic of China, or if the object of the action is located within the territory of the People's Republic of China, or if the defendant has distrainable property within the territory of the People's Republic of China, or if the defendant has its representative office within the territory of the People's Republic of China, the people's court of the place where the contract is signed or performed, or where the object of the action is, or where the defendant's distrainable property is located, or where the torts are done, or where the defendant's representative office is located, shall have jurisdiction."

  第二百四十四条 涉外合同或者涉外财产权益纠纷的当事人,可以用书面协议选择与争议有实际联系的地点的法院管辖。选择中华人民共和国人民法院管辖的,不得违反本法关于级别管辖和专属管辖的规定。

  "Article 244 Parties to a dispute over a contract concluded with foreign element or over property rights and interests involving foreign element may, through written agreement, choose the court of the place which has practical connections with the dispute to exercise jurisdiction. If a people's court of the People's Republic of China is chosen to exercise jurisdiction, the provisions of this Law on jurisdiction by forum level and on exclusive jurisdiction shall not be violated."

  第二百四十五条 涉外民事诉讼的被告对人民法院管辖不提出异议,并应诉答辩的,视为承认该人民法院为有管辖权的法院。

  "Article 245 If in a civil action in respect of a case involving foreign element, the defendant raises no objection to the jurisdiction of a people's court and responds to the action by making his defence, he shall be deemed to have accepted that this people's court has jurisdiction over the case."

  第二百四十六条 因在中华人民共和国履行中外合资经营企业合同、中外合作经营企业合同、中外合作勘探开发自然资源合同发生纠纷提起的诉讼,由中华人民共和国人民法院管辖。

  "Article 246 Actions brought on disputes arising from the performance of contracts for Chinese-foreign equity joint ventures, or Chinese-foreign contractual joint ventures, or Chinese-foreign cooperative exploration and development of the natural resources in the People's Republic of China shall fall under the jurisdiction of the people's courts of the People's Republic of China."

  第二十六章 送达、期间

  Chapter XXVI Service and Time Periods

  第二百四十七条 人民法院对在中华人民共和国领域内没有住所的当事人送达诉讼文书,可以采用下列方式:

  Article 247 A people's court may serve litigation documents on a party who has no domicile within the territory of the People's Republic of China in the following ways:

  (一)依照受送达人所在国与中华人民共和国缔结或者共同参加的国际条约中规定的方式送达;

  (1) in the way specified in the international treaties concluded or acceded to by both the People's Republic of China and the country where the person on whom service is to be made resides;

  (二)通过外交途径送达;

  (2) by making the service through diplomatic channels;

  (三)对具有中华人民共和国国籍的受送达人,可以委托中华人民共和国驻受送达人所在国的使领馆代为送达;

  "(3) with respect to the person on whom the service is to be made and who is of the nationality of the People's Republic of China, service may be entrusted to the embassy or consulate of the People's Republic of China accredited to the country where the person resides;"

  (四)向受送达人委托的有权代其接受送达的诉讼代理人送达;

  (4) by making the service on the agent ad litem who is authorized to receive the documents served;

  (五)向受送达人在中华人民共和国领域内设立的代表机构或者有权接受送达的分支机构、业务代办人送达;

  (5) by serving the documents on the representative office established in the People's Republic of China by the person on whom the service is to be made or on his branch office or business agents there who have the right to receive the documents;

  (六)受送达人所在国的法律允许邮寄送达的,可以邮寄送达,自邮寄之日起满六个月,送达回证没有退回,但根据各种情况足以认定已经送达的,期间届满之日视为送达;

  "(6) by making service by mail if the law of the country where the person on whom the service is to be made resides so permits; in the event that the receipt of delivery is not returned six months after the date on which the documents were mailed, and that circumstances justify the assumption that service has been made, the service shall be deemed completed upon the expiration of the said time period; "

  (七)不能用上述方式送达的,公告送达,自公告之日起满六个月,即视为送达。

  "and (7) by making service by public notice, if none of the above-mentioned methods can be employed. The service shall be deemed completed six months after the date on which the public notice was issued."

  第二百四十八条 被告在中华人民共和国领域内没有住所的,人民法院应当将起诉状副本送达被告,并通知被告在收到起诉状副本后三十日内提出答辩状。

  "Article 248 If a defendant has no domicile within the territory of the People's Republic of China, the people's court shall serve a copy of the statement of complaint on the defendant and notify him to submit his defence within 30 days after he receives the copy of the statement of complaint."

  被告申请延期的,是否准许,由人民法院决定。

  Extension of the period requested by the defendant shall be at the discretion of the people's court.

  第二百四十九条 在中华人民共和国领域内没有住所的当事人,不服第一审人民法院判决、裁定的,有权在判决书、裁定书送达之日起三十日内提起上诉。被上诉人在收到上诉状副本后,应当在三十日内提出答辩状。当事人不能在法定期间提起上诉或者提出答辩状,申请延期的,是否准许,由人民法院决定。

  "Article 249 If a party who has no domicile within the territory of the People's Republic of China is not satisfied with a judgment or written order made by a people's court of first instance, he shall have the right to file an appeal within 30 days from the date the written judgment or order is served. The appellee shall submit his defence within 30 days after receipt of a copy of the appeal petition. If a party who is unable to file an appeal or submit a defence within the period prescribed by the law requests an extension of the period, the people's court shall decide whether to grant it."

  第二百五十条 人民法院审理涉外民事案件的期间,不受本法第一百三十五条、第一百五十九条规定的限制。

  Article 250 The period for the trials of civil cases involving foreign element by the people's court shall not be restricted by the provisions of Articles 135 and 159 of this Law.

  第二十七章 财产保全

  Chapter XXVII Property Preservation

  第二百五十一条 当事人依照本法第九十二条的规定可以向人民法院申请财产保全。

  "Article 251 The parties to an action may, in accordance with the provisions of Article 92 of this Law, apply to the people's court for property preservation."

  利害关系人依照本法第九十三条的规定可以在起诉前向人民法院申请财产保全。

  "Interested parties may, in accordance with the provisions of Article 93 of this Law, apply to the people's court for property preservation before an action is brought."

  第二百五十二条 人民法院裁定准许诉前财产保全后,申请人应当在三十日内提起诉讼。

  "Article 252 After a people's court makes an order granting property preservation before litigation, the applicant shall bring an action within 30 days. "

  逾期不起诉的,人民法院应当解除财产保全。

  "If he fails to bring the action within the period, the people's court shall cancel the property preservation."

  第二百五十三条 人民法院裁定准许财产保全后,被申请人提供担保的,人民法院应当解除财产保全。

  "Article 253 After the people's court makes an order granting property preservation, if the party against whom the application is made provides a guaranty, the people's court shall cancel the property preservation."

  第二百五十四条 申请有错误的,申请人应当赔偿被申请人因财产保全所遭受的损失。

  "Article 254 If the application is wrongfully made, the applicant shall compensate the party against whom the application is made for losses incurred from the property preservation."

  第二百五十五条 人民法院决定保全的财产需要监督的,应当通知有关单位负责监督,费用由被申请人承担。

  "Article 255 If the property to be preserved by a people's court needs supervision, the court shall notify the unit concerned to be responsible for the supervision, and the party against whom the application is made shall bear the expenses."

  第二百五十六条 人民法院解除保全的命令由执行员执行。

  Article 256 The order to cancel the preservation issued by a people's court shall be carried out by an execution officer.

  第二十八章 仲 裁

  Chapter XXVIII Arbitration

  第二百五十七条 涉外经济贸易、运输和海事中发生的纠纷,当事人在合同中订有仲裁条款或者事后达成书面仲裁协议,提交中华人民共和国涉外仲裁机构或者其他仲裁机构仲裁的,当事人不得向人民法院起诉。

  "Article 257 In the case of a dispute arising from the foreign economic, trade, transport or maritime activities of China, if the parties have had an arbitration clause in the contract concerned or have subsequently reached a written arbitration agreement stipulating the submission of the dispute for arbitration to an arbitral organ in the People's Republic of China handling cases involving foreign element, or to any other arbitral body, they may not bring an action in a people's court. "

  当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的,可以向人民法院起诉。

  "If the parties have not had an arbitration clause in the contract concerned or have not subsequently reached a written arbitration agreement, they may bring an action in a people's court."

  第二百五十八条 当事人申请采取财产保全的,中华人民共和国的涉外仲裁机构应当将当事人的申请,提交被申请人住所地或者财产所在地的中级人民法院裁定。

  "Article 258 If a party has applied for property preservation measures, the arbitral organ of the People's Republic of China handling cases involving foreign element shall refer the party's application for a decision to the intermediate people's court of the place where the party against whom the application is made has his domicile or where his property is located."

  第二百五十九条 经中华人民共和国涉外仲裁机构裁决的,当事人不得向人民法院起诉。

  "Article 259 In a case in which an award has been made by an arbitral organ of the People's Republic of China handling cases involving foreign element, the parties may not bring an action in a people's court. "

  一方当事人不履行仲裁裁决的,对方当事人可以向被申请人住所地或者财产所在地的中级人民法院申请执行。

  "If one party fails to comply with the arbitral award, the other party may apply for its enforcement to the intermediate people's court of the place where the party against whom the application for enforcement is made has his domicile or where his property is located."

  第二百六十条 对中华人民共和国涉外仲裁机构作出的裁决,被申请人提出证据证明仲裁裁决有下列情形之一的,经人民法院组成合议庭审查核实,裁定不予执行:

  "Article 260 A people's court shall, after examination and verification by a collegial panel of the court, make a written order not to allow the enforcement of the award rendered by an arbitral organ of the People's Republic of China handling cases involving foreign element, if the party against whom the application for enforcement is made furnishes proof that: "

  (一)当事人在合同中没有订有仲裁条款或者事后没有达成书面仲裁协议的;

  (1) the parties have not had an arbitration clause in the contract or have not subsequently reached a written arbitration agreement;

  (二)被申请人没有得到指定仲裁员或者进行仲裁程序的通知,或者由于其他不属于被申请人负责的原因未能陈述意见的;

  (2) the party against whom the application for enforcement is made was not given notice for the appointment of an arbitrator or for the inception of the arbitration proceedings or was unable to present his case due to causes for which he is not responsible;

  (三)仲裁庭的组成或者仲裁的程序与仲裁规则不符的;

  (3) the composition of the arbitration tribunal or the procedure for arbitration was not in conformity with the rules of arbitration;

  (四)裁决的事项不属于仲裁协议的范围或者仲裁机构无权仲裁的。

  or (4) the matters dealt with by the award fall outside the scope of the arbitration agreement or which the arbitral organ was not empowered to arbitrate.

  人民法院认定执行该裁决违背社会公共利益的,裁定不予执行。

  "If the people's court determines that the enforcement of the award goes against the social and public interest of the country, the people's court shall make a written order not to allow the enforcement of the arbitral award."

  第二百六十一条 仲裁裁决被人民法院裁定不予执行的,当事人可以根据双方达成的书面仲裁协议重新申请仲裁,也可以向人民法院起诉。

  "Article 261 If the enforcement of an arbitral award is disallowed by a written order of a people's court, the parties may, in accordance with a written arbitration agreement reached between them, apply for arbitration again; they may also bring an action in a people's court."

  第二十九章 司法协助

  Chapter XXIX Judicial Assistance

  第二百六十二条 根据中华人民共和国缔结或者参加的国际条约,或者按照互惠原则,人民法院和外国法院可以相互请求,代为送达文书、调查取证以及进行其他诉讼行为。

  "Article 262 In accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity, the people's courts of China and foreign courts may make mutual requests for assistance in the service of legal documents, in investigation and collection of evidence or in other litigation actions."

  外国法院请求协助的事项有损于中华人民共和国的主权、安全或者社会公共利益的,人民法院不予执行。

  "The people's court shall not render the assistance requested by a foreign court, if it impairs the sovereignty, security or social and public interest of the People's Republic of China."

  第二百六十三条 请求和提供司法协助,应当依照中华人民共和国缔结或者参加的国际条约所规定的途径进行;

  Article 263 The request for the providing of judicial assistance shall be effected through channels provided in the international treaties concluded or acceded to by the People's Republic of China;

  没有条约关系的,通过外交途径进行。

  "in the absence of such treaties, they shall be effected through diplomatic channels."

  外国驻中华人民共和国的使领馆可以向该国公民送达文书和调查取证,但不得违反中华人民共和国的法律,并不得采取强制措施。

  "A foreign embassy or consulate accredited to the People's Republic of China may serve documents on its citizens and make investigations and collect evidence among them, provided that the laws of the People's Republic of China are not violated and no compulsory measures are taken."

  除前款规定的情况外,未经中华人民共和国主管机关准许,任何外国机关或者个人不得在中华人民共和国领域内送达文书、调查取证。

  "Except for the conditions provided in the preceding paragraph, no foreign organization or individual may, without the consent of the competent authorities of the People's Republic of China, serve documents or make investigations and collect evidence within the territory of the People's Republic of China."

  第二百六十四条 外国法院请求人民法院提供司法协助的请求书及其所附文件,应当附有中文译本或者国际条约规定的其他文字文本。

  Article 264 The letter of request for judicial assistance and its annexes sent by a foreign court to a people's court shall be appended with a Chinese translation or a text in any other language or languages specified in the relevant international treaties.

  人民法院请求外国法院提供司法协助的请求书及其所附文件,应当附有该国文字译本或者国际条约规定的其他文字文本。

  The letter of request and its annexes sent to a foreign court by a people's court for judicial assistance shall be appended with a translation in the language of that country or a text in any other language or languages specified in the relevant international treaties.

  第二百六十五条 人民法院提供司法协助,依照中华人民共和国法律规定的程序进行。

  Article 265 The judicial assistance provided by the people's courts shall be rendered in accordance with the procedure prescribed by the laws of the People's Republic of China.

  外国法院请求采用特殊方式的,也可以按照其请求的特殊方式进行,但请求采用的特殊方式不得违反中华人民共和国法律。

  "If a special form of judicial assistance is requested by a foreign court, it may also be rendered, provided that the special form requested does not contradict the laws of the People's Republic of China."

  第二百六十六条 人民法院作出的发生法律效力的判决、裁定,如果被执行人或者其财产不在中华人民共和国领域内,当事人请求执行的,可以由当事人直接向有管辖权的外国法院申请承认和执行,

  "Article 266 If a party applies for enforcement of a legally effective judgment or written order made by a people's court, and the opposite party or his property is not within the territory of the People's Republic of China, the applicant may directly apply for recognition and enforcement to the foreign court which has jurisdiction. "

  也可以由人民法院依照中华人民共和国缔结或者参加的国际条约的规定,或者按照互惠原则,请求外国法院承认和执行。

  "The people's court may also, in accordance with the relevant provisions of the international treaties concluded or acceded to by China, or with the principle of reciprocity, request recognition and enforcement by the foreign court."

  中华人民共和国涉外仲裁机构作出的发生法律效力的仲裁裁决,当事人请求执行的,如果被执行人或者其财产不在中华人民共和国领域内,应当由当事人直接向有管辖权的外国法院申请承认和执行。

  "If a party applies for enforcement of a legally effective arbitral award made by an arbitral organ in the People's Republic of China handling cases involving foreign element and the opposite party or his property is not within the territory of the People's Republic of China, he may directly apply for recognition and enforcement of the award to the foreign court which has jurisdiction."

  第二百六十七条 外国法院作出的发生法律效力的判决、裁定,需要中华人民共和国人民法院承认和执行的,可以由当事人直接向中华人民共和国有管辖权的中级人民法院申请承认和执行,

  "Article 267 If a legally effective judgment or written order made by a foreign court requires recognition and enforcement by a people's court of the People's Republic of China, the party concerned may directly apply for recognition and enforcement to the intermediate people's court of the People's Republic of China which has jurisdiction."

  也可以由外国法院依照该国与中华人民共和国缔结或者参加的国际条约的规定,或者按照互惠原则,请求人民法院承认和执行。

  " The foreign court may also, in accordance with the provisions of the international treaties concluded or acceded to by that foreign country and the People's Republic of China or with the principle of reciprocity, request recognition and enforcement by a people's court."

  第二百六十八条 人民法院对申请或者请求承认和执行的外国法院作出的发生法律效力的判决、裁定,依照中华人民共和国缔结或者参加的国际条约,或者按照互惠原则进行审查后,认为不违反中华人民共和国法律的基本原则或者国家主权、安全、社会公共利益的,裁定承认其效力,需要执行的,发出执行令,依照本法的有关规定执行。

  "Article 268 In the case of an application or request for recognition and enforcement of a legally effective judgment or written order of a foreign court, the people's court shall, after examining it in accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity and arriving at the conclusion that it does not contradict the basic principles of the law of the People's Republic of China nor violates State sovereignty, security and social and public interest of the country, recognize the validity of the judgment or written order, and, if required, issue a writ of execution to enforce it in accordance with the relevant provisions of this Law; "

  违反中华人民共和国法律的基本原则或者国家主权、安全、社会公共利益的,不予承认和执行。

  "if the application or request contradicts the basic principles of the law of the People's Republic of China or violates State sovereignty, security and social and public interest of the country, the people's court shall not recognize and enforce it."

  第二百六十九条 国外仲裁机构的裁决,需要中华人民共和国人民法院承认和执行的,应当由当事人直接向被执行人住所地或者其财产所在地的中级人民法院申请,人民法院应当依照中华人民共和国缔结或者参加的国际条约,或者按照互惠原则办理。

  "Article 269 If an award made by a foreign arbitral organ requires the recognition and enforcement by a people's court of the People's Republic of China, the party concerned shall directly apply to the intermediate people's court of the place where the party subjected to enforcement has his domicile or where his property is located. The people's court shall deal with the matter in accordance with the international treaties concluded or acceded to by the People's Republic of China or with the principle of reciprocity."

  第二百七十条 本法自公布之日起施行,《中华人民共和国民事诉讼法(试行)》同时废止。

  "Article 270 This Law shall come into force as of the date of promulgation, and the Civil Procedure Law of the People's Republic of China (for Trial Implementation) shall be abrogated simultaneously."

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