CIVIL PROCEDURE LAW OF THE PEOPLE S REPUBLIC OF CHINA （4）

CHAPTER XV SPECIAL PROCEDURE
　　SECTION 1 GENERAL STIPULATIONS
　　Article 160. When a people s court handles cases concerning the credentials of voters, the proclamation of a person as missing or dead, the determination of a citizen as incompetent or with limited capacity for civil conduct and the determination of a property as ownerless, the provisions of this Chapter shall apply. For matters not covered in this Chapter, the relevant provisions of this Law and other laws shall apply.
　　Article 161. With respect to a case tried in accordance with the procedure stipulated in this Chapter, the judgment of first instance shall be final. A collegial panel of judges shall be formed for the trial of any case involving the credentials of voters or any major, difficult or complicated case; other cases shall be tried by a single judge alone.
　　Article 162. If a people s court, while trying a case in accordance with the procedure stipulated in this Chapter, discovers that the case involves a dispute over rights and interests in civil affairs, it shall make an order to terminate the special procedure and inform the interested parties to bring another suit.
　　Article 163. The people s court shall, in trying cases to which special procedure is applied, close them within one month from filing the case or within one month from expiration of the term set forth in the public notice. Any extension of the term necessitated by special circumstances shall be subject to the approval of the president of the said court, however, except cases concerning the credentials of voters.
　　SECTION 2 CASES CONCERNING THE CREDENTIALS OF VOTERS
　　Article 164. If citizens refuse to accept an election committee s decision on an appeal concerning the credentials of voters, they may, five days before the election day, bring a suit in the basic people s court located in their electoral district.
　　Article 165. After a people s court has accepted a case concerning the credentials of voters, it must close the case before the election day.
　　The prosecutor, a representative of the election committee and other citizens concerned must participate in the proceedings.
　　The written judgment of the people s court shall be served on the election committee and the prosecutor before the election day, and other citizens concerned shall be notified of the judgment.
　　SECTION 3 CASES CONCERNING THE PROCLAMATION OF A PERSON AS MISSING OR DEAD
　　Article 166. With respect to a citizen whose whereabouts have been unknown for two years, if the interested party applies for proclaiming 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.
　　The application shall clearly state the facts and time of the disappearance as well as the action requested, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended.
　　Article 167. With respect to a citizen whose whereabouts have been unknown for four years or whose whereabouts have been unknown for two years after an accident in which he was involved, or whose whereabouts have been unknown after an accident in which he was involved and, upon verification by the relevant authorities, the said citizen is unable to survive, if the interested party applies for proclaiming 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.
　　The application shall clearly state the facts and time of the disappearance as well as the action requested, and documentary evidence from a public security organ or other relevant organs concerning the disappearance of this citizen shall be appended.
　　Article 168. After accepting a case concerning a proclamation of a person as missing or dead, the people s court shall issue a public search notice for the person whose whereabouts have been unknown. The time limit of the notice on the proclamation of a person as missing shall be three months, and the time limit of the notice on the proclamation of a person as dead shall be one year. Where a citizen s whereabouts have been unknown after an accident in which he was involved and, upon verification by the relevant authorities, the said citizen is unable to survive, the time limit of the notice on the proclamation of such person as dead shall be three months.
　　On the expiration of the time limit of the public notice, the people s court shall, depending on whether the facts about the missing or death of the person have been confirmed, make a judgment proclaiming the person as missing or dead or make a judgment to reject the application.
　　Article 169. Should a person who has been proclaimed as missing or dead by a people s court reappear, the people s court shall, upon the application of that person or an interested party, make a new judgment and annul the previous one.
　　SECTION 4 CASES CONCERNING THE DETERMINATION OF A CITIZEN AS INCOMPETENT OR WITH LIMITED CAPACITY FOR CIVIL CONDUCT
　　Article 170. An application for determining a citizen as incompetent or with limited capacity for civil conduct 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.
　　The application shall clearly state the facts and grounds on which the citizen s incompetence or limited capacity for civil conduct is claimed.
　　Article 171. After accepting such an application, the people s court shall, when necessary, have an expert evaluation on the citizen whose incompetence or limited capacity for civil conduct is claimed; if the applicant has already provided an evaluation conclusion, the people s court shall examine the conclusion.
　　Article 172. When the people s court handles a case for determining a citizen as incompetent or with limited capacity for civil conduct, a near relative of the citizen shall be the agent ad litem, however, except the applicant. If the near relatives shift the responsibility onto one another, the people s court shall appoint one of them as an agent ad litem for the citizen. If the citizen s state of health permits, the people s court shall also question the citizen.
　　If the people s court is convinced, after trial, that the application is based on facts, it shall make a judgment determining the citizen as incompetent or with limited capacity for civil conduct; if the court finds that the application is not based on facts, it shall make a judgment to reject it.
　　Article 173. If, upon the application of a person who has been determined as incompetent or with limited capacity for civil conduct or of his guardian, the people s court verifies that the causes of that person s incompetence or limited capacity for civil conduct has been eliminated, it shall make a new judgment and annul the previous one.
　　SECTION 5 CASES CONCERNING THE DETERMINATION OF A PROPERTY AS OWNERLESS
　　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.
　　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.
　　Article 175. The people s court shall, after accepting such an application and upon examination and verification, issue a public notice for the claim of the property. If no one claims the property within one year from 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.
　　Article 176. If, after a property has been determined by a judgment as ownerless, the owner of the property or his heir appears and claims the property, the people s court shall, after examination and verification, make a new judgment and annul the previous one.
　　CHAPTER XVI PROCEDURE FOR TRIAL SUPERVISION
　　Article 177. If the president of a people s court at any level finds some definite error in a legally effective judgment or 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.
　　If the Supreme People s Court finds some definite error in a legally effective judgment or 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 order of a people s court at a lower level, it shall have the power to bring the case up for trial itself or direct the people s court at a lower level to conduct a retrial.
　　Article 178. If a party considers that a legally effective judgment or order has some error, 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 retrial; however, execution of the judgment or order shall not be suspended.
　　Article 179. If an application made by a party involves any of the following circumstances, the people s court shall retry the case:
　　(1) the new evidence is conclusive enough to repudiate the original judgment or order;
　　(2) the main evidence on which the facts were ascertained in the original judgment or order was insufficient;
　　(3) there was error in the application of the law in the original judgment or order;
　　(4) a violation of the legal procedure by a people s court may have affected the correctness of the judgment or order in the case;
　　(5) the judicial personnel committed embezzlement, accepted bribes, practised malpractice for personal benefits and twisted the law in trial of the case.
　　The people s court shall reject the application that does not meet any of the conditions specified in the preceding paragraph.
　　Article 180. With respect to a legally effective conciliation statement, if evidence provided by a party proves that the conciliation violates the principle of voluntariness and the content of the conciliation statement is in violation of the law, he may apply for a retrial. The people s court shall, upon examination and verification, retry the case.
　　Article 181. with respect to a legally effective judgment on dissolution of marriage, no party shall apply for a retrial.
　　Article 182. Any application for a retrial by a party shall be made within two years after the judgment or order becomes legally effective.
　　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 ordered to be suspended. The order shall be signed by the president of the court, and the seal of the people s court shall be affixed to it.
　　Article 184. With respect to a case to be retried by a people s court in accordance with the procedure for trial supervision, if the legally effective judgment or order was made by a court of first instance, it shall be handled in accordance with the procedure of first instance, and the parties may appeal against the new judgment or order; if the legally effective judgment or order was made by a court of second instance, it shall be handled in accordance with the procedure of second instance, and the new judgment or order shall be legally effective; if it is a case which was brought up for trial by a people s court at a higher level, it shall be handled in accordance with the procedure of second instance, and the new judgment or order shall be legally effective.
　　The people s court shall, in retrying a case, form a new collegial pannel.
　　Article 185. If the Supreme People s Procuratorate discovers that a legally effective judgment or order made by a people s court at any level, or if a people s procuratorate at a higher level discovers that a legally effective judgment or 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:
　　(1) the main evidence ascertaining the facts in the previous judgment or order was insufficient;
　　(2) there was error in the application of the law in the previous judgment or order;
　　(3) a violation of the legal procedure may have affected the correctness of the judgment or order; or
　　(4) the judicial personnel committed embezzlement, accepted bribes, practiced malpractice for personal benefits and twisted the law in trail of the case.
　　If a local people s procuratorate at any level discovers that a legally effective judgment or order made by a people s court at the corresponding level involves any of the circumstances specified in the preceding paragraph, it shall refer the matter to the people s procuratorate at a higher level for a protest to be lodged by the latter in accordance with the procedure for trial supervision.
　　Article 186. Cases protested by the people s procuratorate shall be retried by the people s court.
　　Article 187. When the people s procuratorate decides to lodge a protest against a judgment or order made by a people s court, it shall produce a written protest.
　　Article 188. The people s court shall, in retrying a case protested by the people s procuratorate, notify the people s procuratorate to send personnel to the court.
　　CHAPTER XVII SUMMARY PROCEDURE FOR RECOVERING A DEBT
　　Article 189. When a creditor requests payment of money or negotiable instrument from a debtor, if the following requirements are met, he may apply to the basic people s court that has jurisdiction for a payment warrant. The relevant requirements are:
　　(1) the creditor and the debtor are not involved in other obligation disputes; and
　　(2) the payment warrant can be served on the debtor.
　　The application shall clearly state the requested amount of money or quantity of negotiable instrument and the facts and evidence on the basis of which the request is made.
　　Article 190. After a creditor has submitted his application, the people s court shall within five days inform the creditor whether it has accepted his application.
　　Article 191. After accepting the application, the people s court shall, upon examination of the facts and evidence provided by the creditor, if the relationship of the creditor s rights and the debtor s obligations is definite and legitimate, issue a payment warrant to the debtor within 15 days from accepting the application.
　　If the application is untenable, the people s court shall render an order to reject it.
　　The debtor shall, within 15 days from the receipt of the payment warrant, clear off his debts or submit a written objection to the people s court.
　　If the debtor has neither submitted an objection nor complied with the payment warrant within the time limit specified in the preceding paragraph, the applicant may apply to the people s court for execution.
　　Article 192. The people s court shall, on receiving the written objection submitted by the debtor, make an order to conclude the summary procedure for recovering a debt and the payment warrant shall be invalidated automatically, the creditor may then institute a lawsuit.
　　CHAPTER XVIII PROCEDURE FOR PUBLIC INVITATION TO ASSERT CLAIMS
　　Article 193. Any holder of a bill which may be endorsed over according to regulations may, if the bill is stolen, lost, or missing, apply for public invitation to assert claims to the basic people s court in the place where the bill is to be paid. The provisions of this Chapter shall apply to other matters to which, according to legal provisions, public invitation to assert claims may be applicable.
　　Anyone who applies for public invitation to assert claims shall submit to the people s court an application which shall clearly states the main contents of the bill such as the face amount, the issuer, the holder, the endorser, and the grounds and facts on which the application is made.
　　Article 194. The people s court shall, upon deciding to accept the application, notify the payor to suspend the payment, and within 3 days issue a public notice to invite the interested parties to assert claims. The time limit of the public notice shall be at the discretion of the people s court, however, it shall not be less than two months.
　　Article 195. The payor shall, on receiving the notification on suspension of payment issued by the people s court, suspend its payment till the conclusion of the procedure for public invitation to assert claims.
　　Within the time limit of the public notice, any act relating to the transfer of the rights in the bill shall be of no force.
　　Article 196. The interested parties shall apply to the people s court for asserting claims within the time limit of the public notice. After receiving an application of the interested party for asserting claims, the people s court shall make an order to conclude the procedure for public invitation to assert claims and notify the applicant and the payor.
　　The applicant or the claimant may institute a lawsuit in the people s court.
　　Article 197. If no one asserts claims, the people s court shall make a judgment on the basis of the application to declare the bill null and void. The judgment shall be announced in a public notice, and the payor of the bill shall be notified of the judgment. As of the date of the public notice, the applicant shall be entitled to claim payment from the payor.
　　Article 198. If an interested party for justified reasons was unable to apply to the people s court for asserting claims before the judgment was made, he may, within one years from the day he knew or should have known of the public notice of the judgment, institute a lawsuit in the people s court which made the judgment.
　　CHAPTER XIX PROCEDURE FOR BANKRUPTCY OF ENTERPRISES AS LEGAL PERSONS
　　Article 199. If an enterprise as legal person is in serious losses and unable to repay the debts that are due, the creditors may apply to a people s court for declaring the debtor s bankruptcy repayment, the debtor may also file at a people s court to declare bankruptcy repayment.
　　Article 200. After rendering an order to declare bankruptcy repayment, the people s court shall notify the debtors and the known creditors within ten days and make a public announcement.
　　Creditors who have been notified shall, within one month after receiving the notice, and creditors who have not been notified shall, within three months after the date of the announcement, report their claims to the people s court Creditors who do not report their claims during these periods shall be deemed to have abandoned their claims.
　　Article 201. The people s court may set up a liquidation team composed of relevant state organs and personnel. The liquidation teem shall be responsible for the keeping, putting into order, appraisal, disposition and distribution of the bankruptcy property. The liquidation team may carry out necessary civil actions in accordance with the law.
　　The liquidation team shall be responsible to, and report on its work to, the people s court.
　　Article 202. Enterprises as legal persons and the creditors may institute a compromise. After they have reached a settlement agreement which has been recognized by the people s court, the people s court shall make a public announcement and suspend the bankruptcy repayment proceedings. The settlement agreement shall have legal effect from the date of the public announcement.
　　Article 203. With respect to property that already constitutes security for such obligatory rights as loan from a bank and for other surety, the bank and other creditors shall have priority in receiving repayment with respect to such security or other surety. If the value of the security and other surety exceeds the amount of debts that they secure, the exceeding portion shall be the bankruptcy repayment property.
　　Article 204. After the prior deduction of bankruptcy expenses from the bankruptcy property, repayment shall be made in the following order:
　　(1) wages of staff and workers and labour insurance expenses that are owed by the bankrupt enterprise;
　　(2) taxes that are owed by the bankrupt enterprise; and
　　(3) bankruptcy claims.
　　Where the bankruptcy property is insufficient to repay all the repayment needs within a single order of priority, it shall be distributed on a pro-rata basis.
　　Article 205. The bankruptcy repayment of an enterprise as legal person shall be under the jurisdiction of the people s court in the place where the enterprise as legal person is located.
　　Article 206. With respect to the procedure for bankruptcy repayment of enterprises owned by the whole people, the provisions of the Law of the People s Republic of China on Enterprise Bankruptcy shall apply.
　　With respect to enterprises without legal personality, individual business, leaseholding farm households and individual partnership, the provisions of this Chapter shall not apply.
　　PART THREE PROCEDURE OF EXECUTION
　　CHAPTER XX GENERAL STIPULATIONS
　　Article 207. Legally effective judgments or orders in civil cases, as well as the parts of judgments or orders that relate to property in criminal cases, shall be executed by the people s court that tried the case in the first instance.
　　Other legal documents which are to be executed by a people s court as prescribed by law shall be executed by the people s court in the place where the person subject to execution has his domicile or where the property subject to execution is located.
　　Article 208. If in the course of execution a person who is not involved in the case raises an objection with respect to the object of the execution, the execution officer shall review the objection in accordance with the procedure as prescribed by law. If the objection is untenable, it shall be rejected; if the objection is tenable, it shall be submitted to the president of the court for an approval of the suspension of execution. If any definite error is found in the judgment or order, it shall be dealt with in accordance with the procedure for trial supervision.
　　Article 209. The execution shall be carried out by the execution officer.
　　In carrying out a compulsory execution measure, the execution officer shall show his credentials. 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.
　　The basic people s court and the intermediate people s court may, in the light of needs, establish executive organs, whose functions shall be defined by the Supreme People s Court.
　　Article 210. If a person or property subject to execution is in another locality, the people s court in that locality may be entrusted with enforcement of the execution. 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. 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. If the execution has not been completed within one month, the entrusted people s court shall also inform the entrusting people s court, by letter, of the particulars of the execution.
　　If the entrusted people s court fails to enforce 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 of the entrusted people s court to instruct the entrusted people s court to enforce the execution.
　　Article 211. If in the course of execution the two parties reconcile themselves and reach a compromise on their own initiative, the execution officer shall make a record of the terms of the compromise, and both parties shall affix their signatures or seals to it.
　　If one party fails to fulfill the conciliation agreement, the people s court may, at the request of the other party, resume the execution of the legal document which is formerly effective.
　　Article 212. In the course of execution, if the person subject to execution provides surety, the people s court may, with the consent of the person who has applied for execution, decide to suspend the execution and to defer the time limit for execution. If the person subject to execution fails again to enforce the execution within the new time limit, the people s court shall have the power to execute the guaranteed property of the person subject to execution or the property of the guarantor.
　　Article 213. If the citizen subject to execution dies, his debts shall be paid off from his estate; if a legal person or any other organization as the party subject to execution terminates, the party that succeeds to its rights and obligations shall fulfill the obligations.
　　Article 214. After the execution has been enforced in accordance with a judgment or order or other legal documents, if definite error has been found in such judgment, order or legal document and therefore it has been revoked by the people s court, the people s court shall, with respect to the property which has been executed, render an order that persons who have obtained the property should return it. In the event of refusal to return the property, compulsory execution shall be enforced.
　　Article 215. The provisions of this Part shall be applicable to the execution of conciliation statements as drawn up by the people s court.
　　Article 216. The parties must comply with legally effective judgments or orders in civil cases. If a party refuses to comply, the other party may apply to the people s court for execution, or the judge may refer the matter to the execution officer for execution.
　　The parties must comply with the conciliation statements and other legal documents that are to be executed by the people s court. If a party refuses to comply, the other party may apply to the people s court for execution.
　　Article 217. If a party fails to comply with a legally effective award of an arbitration agency established according to law, the other party may apply for execution to the people s court which has jurisdiction over the case. The people s court so applied to shall execute the said award.
　　Should the party against whom the application is made provide evidence which proves that the arbitration award involves any of the following circumstances, the people s court shall, after examination and verification by a collegial panel, order to cancel the arbitration award:
　　(1) the parties have not stipulated clauses on arbitration in the contracts, or have not subsequently reached a written agreement on arbitration;
　　(2) matters decided exceed the scope of the arbitration agreement or the limits of authority of the arbitration agency;
　　(3) the composition of the arbitration division or the procedure for arbitration is not in conformity with the legal procedure.
　　(4) the main evidence for ascertaining the facts is insufficient;
　　(5) there is errors in the application of the law; or
　　(6) the arbitrators committed acts of malpractice for personal benefits and perverted the law in the arbitration of the case;
　　If the people s court determines that the execution of the arbitration award would contradict the social and public interest, it shall order to cancel the award.
　　The above-mentioned order shall be served on both parties and the arbitration agency.
　　In the event that an arbitration award is canceled by an order of the people s court, the parties may, in accordance with the written agreement on arbitration reached between the two parties, apply to the arbitration agency for arbitration anew and may also bring a lawsuit in the people s court.
　　Article 218. If a party fails to comply with a document of creditor s rights that has been rendered executory according to 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 so applied to shall execute such document.
　　If the people s court finds some definite error in the notarized document of creditor s rights, it shall order to disallow the execution and serve the order on both parties as well as the notary office.
　　Article 219. The time limit for the submission of an application for execution shall be one year if one or both of the parties are citizens; it shall be six months if both parties are legal persons or other organizations.
　　The above-mentioned time limit shall be calculated from the last day of the period specified by the legal document for its performance. If the legal document specifies that it shall be performed in stages, the time limit shall be calculated from the last day of the period specified for each stage of performance.
　　Article 220. The execution officer shall, after receiving the application for execution or the writ of referral of execution, send a notification on execution to the person subject to execution, instructing him to perform the execution within the specified time limit. If the person fails to perform the execution within the time limit, compulsory execution shall be enforced.