CIVIL PROCEDURE LAW OF THE PEOPLE S REPUBLIC OF CHINA （2）

CHAPTER III TRIAL ORGANIZATION
　　Article 40. Civil cases of first instance shall be tried in a people s court by a collegial panel consisting of both judges and assessors or of judges alone. The collegial panel must have an odd number of members.
　　Civil cases to which summary procedure is applied shall be tried by a single judge alone.
　　When carrying out their duties as assessors, the assessors shall have equal rights and obligations with the judges.
　　Article 41. Civil cases of second instance shall be tried in a people s court by a collegial panel of judges. The collegial panel must have an odd number of members.
　　When retrying a case remanded by a people s court of second instance, the people s court of first instance shall form a new collegial panel in accordance with the procedure of first instance.
　　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; if the case was originally tried at second instance or was removed to a people s court at a higher level for trial, a new collegial panel shall be formed according to the procedure of second instance.
　　Article 42. The president of the court or the chief judge of a division shall designate a judge to serve as the presiding judge of the collegial panel; if the president or the chief judge participates in trial, he himself shall serve as the presiding judge.
　　Article 43. When deliberating a case, a collegial panel shall observe the principle that the minority shall defer to the majority. The deliberations shall be recorded in writing, and the transcript shall be signed by the members of the collegial panel. Diverging opinions in the deliberations must be truthfully entered in the transcript.
　　Article 44. The judicial personnel shall handle the case impartially and in accordance with the law.
　　The judicial personnel shall not accept a treat or gift of the parties of their agents ad litem.
　　Any judicial personnel who commits embezzlement, accepts bribes, practices malpractice for personal benefits or perverts the law in making judgment shall be pursued for legal responsibility; if a crime is constituted, the offender shall be investigated for criminal responsibility according to law.
　　CHAPTER IV WITHDRAWAL
　　Article 45. A member of the judicial personnel in any of the following circumstances must withdraw, and the parties to the case shall also have the right to request, orally or in writing, that he withdraw.
　　The relevant circumstances are:
　　(1) he is a party or a near relative of a party to the case or a near relative of an agent ad litem in the case;
　　(2) he has a personal interest in the case; or
　　(3) he has some other relationship with a party to the case that could influence the impartial handling of the case.
　　The above provisions shall also apply to clerks, interpreters, expert witnesses and inspectors.
　　Article 46. When a party requests the withdrawal of a member of the judicial personnel, he shall explain the reason for this request and submit the request at the beginning of the proceedings; the request may also be submitted before the end of court debate if the reason for the withdrawal becomes known only after the beginning of the proceedings.
　　Pending a decision on withdrawal by the people s court, personnel who has been requested to withdraw shall temporarily suspend his participation in the proceedings of the case, but with the exception of cases that require the adoption of emergency measures.
　　Article 47. The withdrawal of a court president who serves as the presiding judge shall be decided by the judicial committee; the withdrawal of judicial personnel shall be decided by the court president; the withdrawal of other personnel shall be decided by the presiding judge.
　　Article 48. The decision of a people s court on a request for withdrawal shall be made orally or in writing within three days after the request was made. If a party is not satisfied with the decision, it may apply for reconsideration which could be granted only once. During the period of reconsideration, personnel who has been requested to withdraw shall not suspend his participation in the proceedings. The decision of a people s court on an application for reconsideration shall be made within three days after receiving the application and the person who has made the application for reconsideration shall be notified of the decision.
　　CHAPTER V PARTICIPANTS IN PROCEEDINGS
　　SECTION 1 PARTIES
　　Article 49. Any citizen, legal person or any other organization may become a party to a civil lawsuit.
　　Legal persons shall be represented by their legal representatives in litigation. Other organizations shall be represented by their principal leading personnel in litigation.
　　Article 50. The parties shall have the right to appoint agents, request withdrawals, collect and provide evidence, engage in debate, request conciliation, file an appeal and apply for execution.
　　The parties may consult the materials relating to the court proceedings of the case and copy the materials and other legal documents pertaining to the case. However, materials involving state secrets, trade secrets or the private affairs of individuals shall be exceptions.
　　The parties must exercise their litigation rights in accordance with the law, observe litigation procedures and carry out legally effective written judgments or orders and conciliation statements.
　　Article 51. The two parties may reach a compromise on their own.
　　Article 52. The plaintiff may relinquish or modify his claim. The defendant may confirm or repudiate the claim and shall have the right to file a counterclaim.
　　Article 53. When one party or both parties consist of two or more persons, the object of action is the same or of the same category and the people s court considers that, subject to the consent of the parties, the lawsuit can be tried together, a joint lawsuit shall be constituted.
　　If the individuals constituting a party to a joint lawsuit have common rights and obligations with respect to the object of action and the act of litigation of one person is recognized by the others of his party, such act shall be effective for all the other members of his party; if the individuals in one party do not have common rights and obligations with respect to the object of action, then the act of litigation of one person shall have no effect on the others of his party.
　　Article 54. A joint lawsuit in which one party is numerous may be brought by representatives selected by and from the party. The act of litigation of such representatives shall be effective for all members of the party they represent. However, confirmation, modification or waiver of claims of action or confirmation of the claims of the other party or institution of a compromise by the representatives shall be subject to the approval of the party they represent.
　　Article 55. With respect to a case in which the object of action is of the same category and one party is numerous and of an uncertain number upon institution of the lawsuit, the people s court may issue a public notice, stating the particulars and claims of the case and informing claimants to file at the people s court within a fixed period of time.
　　Claimants who have filed at the people s court may select representatives from among themselves to engage in litigation; if such representatives cannot be created through selection, they may be decided by the people s court through negotiation with the claimants who have filed at the court. The act of litigation of such representatives shall be effective for the party they represent. However, modification or waiver of claims of action or confirmation of the claims of the other party or institution of a compromise by the representatives shall be subject to the approval of the party they represent.
　　The judgments or orders rendered by the people s court shall be effective for all the claimants who have filed at the court. The same judgments or orders shall be binding on the claimants who have not filed at the court but instituted legal proceedings during the limitation of action.
　　Article 56. If a third party considers that it has an independent claim to the object of action of both parties, it shall have the right to bring an action.
　　If a third party has no independent claim to the object of action of both parties, however, the outcome of the case will affect its interest legally, it may file a request to participate in the proceedings or the people s court shall notify it to participate. A third party that is to bear civil liability as judged by the people s court shall have the litigation rights of a party.
　　SECTION 2 AGENTS AD LITEM
　　Article 57. Any person with no capacity to engage in litigation shall have his guardians as agents ad litem to represent him in a lawsuit. If the agents ad litem try to shift their responsibilities as agents ad litem onto one another, the people s court shall appoint one of them to represent the principal in litigation.
　　Article 58. Each party or legal representative may appoint one or two persons to act as his agents at litem.
　　A party s near relative, a lawyer, a person recommended by a relevant public organization or the unit to which a party belongs or any other citizen approved by the people s court may be entrusted as the party s agent ad litem.
　　Article 59. When a person entrusts 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.
　　The power of attorney must specify the matter and limits of authority entrusted. An agent ad litem must possess special authorization from his principal to confirm, relinquish or modify the claim or to institute a compromise or file a counterclaim or an appeal.
　　A power of attorney mailed or delivered care of others by a citizen of the People s Republic of China residing abroad must be certified by the Chinese embassy or consulate in that country. 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 state that has diplomatic relations with the People s Republic of China stationed in the country, and then transferred for verification to the embassy or consulate of the People s Republic of China stationed in that third state, or by a local patriotic overseas Chinese organization.
　　Article 60. A party shall inform the people s court in writing if it changes or revokes the authority of an agent ad litem, and the court shall notify the other party of the change or revocation.
　　Article 61. a lawyer who serves as an agent ad litem shall have the right to investigate and collect evidence, and may consult materials pertaining to the case in accordance with relevant regulations. However, if such materials involve state secrets, trade secrets or the private affairs of individuals, he must keep the confidential information from the parties concerned and others.
　　Other agents ad litem shall have the right to investigate and collect evidence and may also consult the materials pertaining to the court proceedings of the case, except those that involve state secrets, trade secrets, or the private affairs of individuals.
　　Article 62. The parties to a divorce case which has been entrusted to agents ad litem shall also appear in court in person, unless they are incapable of presenting their own case. A party who is truly unable to appear in court due to a special reason shall submit his or hear opinion in writing to the people s court.
　　CHAPTER VI EVIDENCE
　　Article 63. Evidence shall be classified as follows:
　　(1) documentary evidence;
　　(2) material evidence;
　　(3) audio-visual reference material;
　　(4) testimony of witnesses;
　　(5) statements of the parties;
　　(6) expert conclusions; and
　　(7) records of inquests.
　　Any of the above-mentioned evidence must be verified before it can be taken as a basis for ascertaining a fact.
　　Article 64. A party shall have the responsibility to provide evidence in support of its own propositions.
　　With respect to the evidence that the party and its agent ad litem are unable to obtain themselves because of objective reasons or that the people s court considers necessary for the trial of the case, the people s court shall investigate and collect it on its own initiative.
　　The people s court shall, in accordance with the procedure prescribed by law, collect and examine evidence comprehensively and objectively.
　　Article 65. The people s court shall have the authority to obtain evidence from the relevant units or individuals, and such units or individuals may not refuse to provide evidence.
　　The people s court shall verify and determine the validity of documentary evidence provided by relevant units or individuals.
　　Article 66. Evidence shall be presented in the court and cross- examined by the parties, however, evidence that involves state secrets, trade secrets or the private affairs of individuals shall not be presented in an open court session.
　　Article 67. The people s court shall take the legal acts, legal facts and documents notarized according to legal procedures as basis for ascertaining facts, except when there is contrary evidence sufficient to invalidate the notarial certification.
　　Article 68. Any document submitted as evidence shall be the original one. Material evidence shall also be original. If it is truly difficult to present the original document or material, then reproductions, photographs, duplicates or extracts of the original may be submitted.
　　If a document in a foreign language is submitted as evidence, a Chinese translation must be appended.
　　Article 69. The people s court shall verify audio-visual materials and determine after examination whether they can be taken as a basis for ascertaining the facts.
　　Article 70. All units and individuals who have information about a case shall have the obligation to give testimony in court. Responsible persons of relevant units shall encourage the witnesses to give testimony. When it would be truly difficult for a witness to appear in court, he may, with the approval of the people s court, submit a written testimony.
　　Any person who is unable to express his will properly shall not testify.
　　Article 71. The people s court shall examine the statements of the parties in connection with the other evidence in the case to determine whether the statements can be taken as a basis for ascertaining the facts.
　　The refusal of a party to make a statement shall not prevent the people s court from ascertaining the facts of a case on the basis of other evidence.
　　Article 72. when the people s court deems it necessary to make an evaluation of a specialized problem, it shall refer the problem to an authentication department authorized by law for the evaluation. In the absence of such department, the people s court shall appoint an authentication department to make the evaluation.
　　The authentication department and the expert witness designated by the department shall have the right to consult the case materials necessary for the evaluation and direct inquiries to the parties and witnesses when circumstances require.
　　The authentication department and expert witness shall present a written conclusion of the evaluation and affix his seal or signature to it. With respect to an evaluation made by an expert witness, the unit to which the expert witness belong shall certify his status by affixing its seal to the expert conclusion.
　　Article 73. When inspecting material evidence or a site, the inspector must show his credentials issued by a people s court. He shall request a local grassroots organization or the unit concerned to send persons to participate in the inquest. The party concerned or an adult member of his family shall be present; their refusal to appear on the scene shall not prevent the inquest from proceeding.
　　Upon notification by the people s court, the relevant units and individuals shall have the obligation to preserve the site and assist in the inquest.
　　The inspector shall prepare a written record of the circumstances and results of the inquest. The inspector, the party concerned and the requested participants shall affix their signatures or seals to the record.
　　Article 74. Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to obtain later on, the participants in proceedings may apply to the people s court for the evidence to be preserved. The people s court may also on its own initiative take measures to preserve such evidence.
　　CHAPTER VII TIME PERIODS AND SERVICE
　　SECTION 1 TIME PERIODS
　　Article 75. Time periods shall include those prescribed by law and those designated by a people s court.
　　Time periods shall be calculated by the hour, the day, the month and the year. The hour and day from which a time period begins shall not be counted as within the time period.
　　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.
　　A time period shall not include traveling time. A litigation document that is mailed before a deadline shall not be regarded as overdue.
　　Article 76. If a party fails to meet a deadline due to force majeure or for other justified reasons, he may apply for an extension of the time limit within 10 days after the obstacle is removed. The requested extension shall be subject to approval by a people s court.
　　SECTION 2 SERVICE
　　Article 77. A receipt shall be required for every litigation document that is served and it shall bear the signature or seal of the recipient of the service and the date of receipt.
　　The date of receipt as signed by the recipient of the service shall be regarded as the date the document is served.
　　Article 78. Litigation documents shall be served directly on the recipient of the service. If the recipient of the service is a citizen, the documents shall, in the case of his absence, be receipted by an adult member of his family living with him. If the recipient of the service is a legal person or any other organization, the document shall be receipted by the legal representatives of the legal person or the principle leading personnel of any other organization or the personnel of the legal person or any other organization in charge of receiving such documents; If the recipient of the service has an agent ad litem, the documents may be receipted by the agent ad litem. If the recipient of the service has designated an agent to receive his litigation documents and has informed the people s court of it, the documents may be receipted by the agent.
　　The date of receipt as signed by the adult family member living with the recipient of service, or persons in charge of receiving documents of legal persons or other organizations, or agents ad litem, or agents designated to receive his documents shall be regarded as the date the document is served.
　　Article 79. If the recipient of the service of a litigation document or the adult family member living with him refuses to accept a legal document, the person serving the document shall ask representatives from the relevant grassroots organization or the unit to which the recipient of the service belongs to appear on the scene, explain the situation to them, and record on the receipt the particulars of the refusal and the date of it. After the person serving the document and the witnesses have affixed their signatures or seals to the receipt, the document shall be left at the place where the recipient of the service stays and the service shall be considered completed.
　　Article 80. If direct service of a litigation document proves difficult, service of the document may be entrusted to another people s court, or it may be served by post. If a document is served by post, the date as stated on the receipt shall be regarded as the date the document is served.
　　Article 81. If the recipient of the service is in the military, the document shall be forwarded to him by the political organ at or above the regimental level in the unit to which he belongs.
　　Article 82. If the recipient of the service is undergoing imprisonment, the document shall be forwarded to him by the prison or unit of reform through labour where he is serving his term.
　　If the recipient of the service is undergoing rehabilitation through labour, the document shall be forwarded to him by the unit supervising his rehabilitation through labour.
　　Article 83. Any organization or unit that receives a litigation document to be forwarded must immediately deliver it to the recipient of the service for a receipt. The date as stated on the receipt shall be regarded as the date the document is served.
　　Article 84. If the whereabouts of a recipient of the service is unknown, or if a document cannot be served by the other methods mentioned in this section, the document shall be served by public announcement. Sixty days after the date of the public announcement, the document shall be deemed to have been served.
　　The reasons for service by public announcement and the procedures taken shall be recorded in the case files.
　　CHAPTER VIII CONCILIATION
　　Article 85. In handling civil cases, the people s court shall distinguish between right and wrong and conduct conciliation on the basis of the principle of voluntariness of the parties and evident facts.
　　Article 86. When a people s court conducts a conciliation, a single judge or a collegial panel may preside. Conciliations shall be conducted locally whenever possible.
　　When a people s court conducts a conciliation, it may employ simplified methods to notify the parties and witnesses to appear in court.
　　Article 87. When a people s court conducts a conciliation, it may request the assistance of units or individuals concerned. The requested units or individuals shall assist the people s court in conducting the conciliation.
　　Article 88. A conciliation agreement must be based on voluntariness of both parties, and shall not be reached through compulsion. The content of the conciliation agreement may not contravene the law.
　　Article 89. When a conciliation agreement is reached, the people s court shall draw up a conciliation statement. A conciliation statement shall clearly set forth the claims of the action, the facts about the case, and the result of the conciliation.
　　The conciliation statement shall be signed by the judge and the court clerk, sealed by the people s court, and served on both parties.
　　Once the conciliation statement is receipted and signed by both parties, it shall become legally effective.
　　Article 90. The people s court need not draw up a conciliation statement for the following cases when an agreement is reached through conciliation:
　　(1) cases of divorce in which both parties have become reconciled after conciliation;
　　(2) cases in which adoptive relationship has been maintained through conciliation;
　　(3) cases in which the claims can be immediately satisfied; and
　　(4) other cases that do not require conciliation statements.
　　Any agreement that does not require a conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties, the judge and the court clerk.
　　Article 91. If no agreement is reached through conciliation or if one party retracts from his consent before the conciliation statement is served, the people s court shall render a judgment without delay.
　　CHAPTER IX PROPERTY PRESERVATION AND PRELIMINARY EXECUTION
　　Article 92. If it becomes impossible or difficult to execute a judgment because of the acts of one of the parties or for other reasons, the people s court may, at the request of the other party, order that property preservation be adopted. In the absence of such request, the people s court may, when necessary, also order to adopt property preservation measures.
　　When a people s court has decided to adopt property preservation, it may instruct the applicant to provide a surety; if the applicant fails to do so, his application shall be rejected.
　　After receiving a party s application, if the case is urgent, the people s court must make an order within 48 hours concerning property preservation; if property preservation is granted by an order, implementation thereof shall begin immediately.
　　Article 93. Any interested party whose lawful rights and interests, due to urgent circumstances, would suffer unremediable harms without immediately applying for property preservation, may, before filing the lawsuit, apply to the people s court for the adoption of property preservation measures. The applicant shall provide a surety; if the applicant fails to do so, his application shall be rejected.
　　After receiving a party s application, the people s court must make an order within 48 hours concerning property preservation; if property preservation is granted by an order, the implementation thereof shall begin immediately. 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.
　　Article 94. Property preservation shall be limited to the scope of the claim or to the property relevant to the case.
　　Property preservation shall be carried out by sealing up,. distraining, freezing or other methods as prescribed by law.
　　should the people s court freeze a property, it shall notify the person against whom the application is made.
　　Property that has already been sealed up or freezed shall not be sealed up or freezed again.
　　Article 95. If the applicant against whom the application is made provides a surety, the people s court shall cancel the property preservition.
　　Article 96. If the application is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation.
　　Article 97. The people s court may, at the request of the parties concerned, order preliminary execution in respect to the following cases:
　　(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;
　　(2) those involving claims for remuneration for labour; and
　　(3) those involving urgent circumstances that require preliminary execution.
　　Article 98. Cases in which preliminary execution is ordered by the people s court shall meet the following conditions:
　　(1) the relationship of rights and obligations between the parties is definite, and denial of preliminary execution would seriously affect the life or business of the applicant; and
　　(2) the person against whom the application is made is capable of fulfilling the obligations involved in the preliminary execution.
　　The people s court may instruct the applicant to provide a surety; if the applicant fails to do so, his application shall be rejected. 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 preliminary execution.
　　Article 99. If a party is not satisfied with the order on property preservation or preliminary execution, it may apply for reconsideration which could be granted only one. Implementation of the order shall not be suspended during the time of reconsideration.