Civil Procedure Law (Excerpts)

Civil Procedure Law of the People’s Republic of China

(Adopted by the Fourth Session of the Seventh National People’s Congress on April 9, 1991, promulgated by the Order No 44 of the President of the People’s Republic of China, and effective on the date of its promulgation)

Content

Part One General Provisions

Chapter I Aim, Scope of Application and Basic Principles
Chapter II Jurisdiction

Section 1 Jurisdiction by Level
Section 2 Territorial Jurisdiction
Section 3 Referral and Designation of Jurisdiction

Chapter III Trial Organization
Chapter IV Withdrawal
Chapter V Participants in Proceedings

Section 1 Parties
Section 2 Agents ad litem

Chapter VI Evidence
Chapter VII Time Periods and Service

Section 1 Time Periods
Section 2 Service

Chapter VIII Conciliation
Chapter IX Property Preservation and Preliminary Execution
Chapter X Compulsory Measures against Impairment of Civil Actions
Chapter XI Litigation Costs

Part Two Trial Procedure

Chapter XII Ordinary Procedure of First Instance

Section 1 Initiating An Action and Accepting a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of an Action
Section 5 Judgment and Order

Chapter XIII Summary Procedure
Chapter XIV Procedure of Second Instance
Chapter XV Special Procedure

Section 1 General Stipulations
Section 2 Cases Concerning the Credentials of Voters
Section 3 Cases Concerning the Proclamation of a Person as Missing or Dead
Section 4 Cases Concerning the Determination of a Citizen as Incompetent or with Limited Capacity for Civil Conduct
Section 5 Cases Concerning the Determination of a Property as Ownerless

Chapter XVI Procedure for Trial Supervision
Chapter XVII Summary Procedure for Recovering a Debt
Chapter XVIII Procedure for Public Invitation to Assert Claims
Chapter XIX Procedure for Debt Repayment after Bankruptcy of Enterprises as Legal Persons

Part Three Procedure of Execution

Chapter XX General Stipulations
Chapter XXI Application for and Referral of Execution
Chapter XXII Execution Measures
Chapter XXIII Suspension and Conclusion of Execution

Part Four Special Stipulations on Civil Procedures Involving Foreign Interests

Chapter XXIV General Principles
Chapter XXV Jurisdiction
Chapter XXVI Service and Time Periods
Chapter XXVII Property Preservation
Chapter XXVIII Arbitration
Chapter XXIX Judicial Assistance

Part One General Provisions

Chapter I Aim, Scope of Application and Basic Principles

Article 1
The Civil Procedure Law of the People\’s Republic of China is enacted on the basis of the Constitution and in line with the experiences and actual conditions of our country in trying civil cases.

Article 2
The aim of the Civil Procedure Law of the People’s Republic of China is to protect the exercise of the litigation rights of the parties, ensure that the people\’s courts ascertain facts, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm the relations of civil rights and obligations, punish acts violating civil law, protect the lawful rights and interests of the parties, educate citizens to voluntarily abide by the law, maintain the social order and economic order, and guarantee the smooth progress of the cause of the socialist construction.

Article 3
The provisions of this Law shall be applicable to civil lawsuits concerning disputes over the property relations and the relations of persons between citizens, between legal persons and between other organizations as well as among citizens, legal persons and other organizations.

Article 4
Whichever engages in civil lawsuits within the territory of the People’s Republic of China must abide by this Law.

Article 5
Foreign nationals, stateless persons, foreign enterprises and organizations that institute or respond to proceedings 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.

Where 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.

Article 6
The people’s courts shall exercise the judicial authority with respect to civil cases.

The people’s courts shall try civil cases independently in accordance with the law, and shall not be subject to interference by any administrative organ, social group or individual.

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

Article 8
The parties to a civil action shall have equal litigation rights. The people’s courts shall, in trying civil cases, guarantee and facilitate the exercise of litigation rights by the parties, and apply the law equally to the parties.

Article 9
In trying civil cases, the people’s courts shall conduct conciliation under the principles of voluntariness and lawfulness; where conciliation efforts fail, the people’s courts shall render judgments without delay.

Article 10
In trying civil cases, the people’s courts shall, as provided for by law, apply the systems of collegial panel, withdrawal, public trial, and the system whereby the second instance is final.

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

Where people of a minority nationality live in a concentrated community or where a number of 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.

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

Article 12
In the trial of civil cases by the people’s court, the parties shall have the right to debate.

Article 13
The parties shall be entitled, within the scope stipulated by law, to dispose of their civil rights and their litigation rights.

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

Article 15
If the civil rights and interests of the State, a collective or an individual have been infringed upon, a State organ, social group, enterprise or institution may support the unit or individual being infringed upon to initiate legal action in a people’s court.

Please see full text in Supreme People’s Court of the People’s Republic of China.