最高人民法院关于适用《中华人民共和国民事诉讼法》若干问题的意见 【现行有效】

Opinions of the Supreme People's Court on Some Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China[Effective]

 

（最高人民法院审判委员会第 528 次会议讨论通过最高人民法院 1992 年 7 月 14 日以法发[1992]22 号发布）

(Discussed and adopted at the 528th meeting of the Judicial Committee of the Supreme People's Court, and promulgated by Judicial Interpretation No.22 [1992] of the Supreme People's Court on July 14, 1992)

 

为了正确适用《中华人民共和国民事诉讼法》（以下简称民事诉讼法），根据民事诉讼法的规定和审判实践经验，我们提出以下意见，供各级人民法院在审判工作中执行。

In order to correctly apply the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the Civil Procedure Law), we have put forward the following opinions according to the provisions in the Civil Procedure Law and the practical judicial experience, and hereby provide them for the people's courts at all the levels to implement in their judicial work.

一、管辖

Jurisdiction

1、民事诉讼法第十九条第（一）项规定的重大涉外案件，是指争议标的额大，或者案情复杂，或者居住在国外的当事人人数众多的涉外案件。

The “major cases involving foreign elements” as prescribed in Article 19 (a) of the Civil Procedure Law refers to the cases involving foreign elements in which the sum of disputed subject matter is large, the case is complex, or the number of the parties concerned residing at abroad is large.

2、专利纠纷案件由最高人民法院确定的中级人民法院管辖。海事、海商案件由海事法院管辖。

Cases concerning patent disputes shall be under the jurisdiction of intermediate people's courts as determined by the Supreme People's Court. Cases concerning maritime affairs and maritime trade shall be under the jurisdiction of admiralty courts.

3、各省、自治区、直辖市高级人民法院可以依照民事诉讼法第十九条第（二）项、第二十条的规定，从本地实际情况出 发，根据案情繁简、诉讼标的金额大小、在当地的影响等情况，对本辖区内一审案件的级别管辖提出意见，报最高人民法院批准。

Higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to Articles 19 (b) and 20 of the Civil Procedure Law, raise opinions on the jurisdiction by level over the cases of first instance within their respective jurisdictions based on local actualities, complexity of case facts, sum of subject matter and local influences, and report the said opinions to the Supreme People's Court for approval.

4、公民的住所地是指公民的户籍所在地，法人的住所地是指法人的主要营业地或者主要办事机构所在地。

The “domicile of a citizen” refers to the place of his permanent residence, and the “domicile of a legal person” refers to the place of its main business or the place of its main office.

5、公民的经常居住地是指公民离开住所地至起诉时已连续居住一年以上的地方。但公民住院就医的地方除外。

The “habitual residence of a citizen” refers to the place where he has continuously resided for more than one year from the time when he left his domicile to the time of complaint, except the place where he is hospitalized.

6、被告一方被注销城镇户口的，依照民事诉讼法第二十三条规定确定管辖；双方均被注销城镇户口的，由被告居住地的人民法院管辖。

If the defendant's permanent urban residence has been written off, the jurisdiction shall be determined according to Article 23 of the Civil Procedure Law; and if both parties' permanent urban residence has been written off, the case shall be under the jurisdiction of the people's court at the place where the defendant resides.

7、当事人的户籍迁出后尚未落户，有经常居住地的，由该地人民法院管辖。没有经常居住地，户籍迁出不足一年的，由其原户籍所在地人民法院管辖；超过一年的，由其居住地人民法院管辖。

If the party's permanent residence has been moved out but has not been settled, and there is the place of habitual residence, the case shall be under the jurisdiction of the people's court at the place of habitual residence; if there is no place of habitual residence, and the permanent residence has been moved out for less than one year, the case shall be under the jurisdiction of the people's court at the place of his original permanent residence; if the permanent residence has been moved out for more than one year, the case shall be under the jurisdiction of the people's court at the place where the defendant resides.

8、双方当事人都被监禁或被劳动教养的，由被告原住所地人民法院管辖。被告被监禁或被劳动教养一年以上的，由被告被监禁地或被劳动教养地人民法院管辖。

If both parties concerned are imprisoned or reeducated through labor, the case shall be under the jurisdiction of the people's court at the defendant's original domicile. Where the defendant has been imprisoned or reeducated through labor for more than one year, the case shall be under the jurisdiction of the people's court at the place of imprisonment or reeducation-through-labor.

9、追索赡养费案件的几个被告住所地不在同一辖区的，可以由原告住所地人民法院管辖。

If several defendants of a case involving claims of alimonies reside in different administrative areas, the case can be under the jurisdiction of the people's court at the domicile of the plaintiff.

10、不服指定监护或变更监护关系的案件，由被监护人住所地人民法院管辖。

A case of rejection to the designated guardianship or alteration of the guardianship relationship shall be under the jurisdiction of the people's court at the domicile of the person under guardianship.

11、非军人对军人提出的离婚诉讼，如果军人一方为非文职军人，由原告住所地人民法院管辖。

A lawsuit of divorce as filed by a non-soldier against a solider shall be under the jurisdiction of the people's court at the domicile of the plaintiff if the solider is a non-civilian one.

离婚诉讼双方当事人都是军人的，由被告住所地或者被告所在的团级以上单位驻地的人民法院管辖。

If both parties involved in a lawsuit of divorce are soldiers, the lawsuit shall be under the jurisdiction of the people's court at the defendant's domicile or the place whether the defendant's employer at or above the level of regiment is located.

12、夫妻一方离开住所地超过一年，另一方起诉离婚的案件，由原告住所地人民法院管辖。夫妻双方离开住所地超过一年， 一方起诉离婚的案件，由被告经常居住地人民法院管辖；没有经常居住地的，由原告起诉时居住地的人民法院管辖。

If either the husband or the wife has left the domicile for more than one year, the case of divorce as filed by the other party shall be under the jurisdiction of the people's court at the domicile of the plaintiff. If both the husband and the wife have left their domicile for more than one year, the case filed by one party shall be under the jurisdiction of the people's court at the place of habitual residence of the defendant; if there is no place of habitual residence, the case shall be under the jurisdiction of the people's court at the place where the plaintiff resides at the time of filing the complaint.

13、在国内结婚并定居国外的华侨，如定居国法院以离婚诉讼须由婚姻缔结地法院管辖为由不予受理，当事人向人民法院提出离婚诉讼的，由婚姻缔结地或一方在国内的最后居住地人民法院管辖。

For overseas Chinese who got married in China but reside at abroad, if the court at the place of his residence rejects his complaint of divorce for the reason that the lawsuit of divorce shall be under the jurisdiction of the court at the place where the marriage is registered, and the party concerned files a lawsuit of divorce with the people's court, the lawsuit shall be under the jurisdiction of the people's court at the place where the marriage is registered or the last domestic domicile of one party.

14、在国外结婚并定居国外的华侨，如定居国法院以离婚诉讼须由国籍所属国法院管辖为由不予受理，当事人向人民法院提出离婚诉讼的，由一方原住所地或在国内的最后居住地人民法院管辖。

For overseas Chinese who got married and reside at abroad, if the court at the place of his residence rejects his lawsuit of divorce for the reason that the lawsuit of divorce shall be under the jurisdiction of the court of the country of his nationality, and the party concerned files a lawsuit of divorce with the people's court, the lawsuit shall be subject to the jurisdiction of the people's court at the former domicile or the last domestic domicile of one party.

15、中国公民一方居住在国外，一方居住在国内，不论哪一方向人民法院提起离婚诉讼，国内一方住所地的人民法院都有权管辖。如国外一方在居住国法院起诉，国内一方向人民法院起诉的，受诉人民法院有权管辖。

If one party as Chinese citizen resides at abroad and the other party as Chinese citizen resides in China, no matter which party files a lawsuit of divorce with the people's court, the people's court at the place where the party resides in China has the jurisdiction over the lawsuit. If the party residing at abroad files a lawsuit with the court at the country of his residence, and the party residing in China files a lawsuit with the people's court, the people's court with which the lawsuit is filed has the jurisdiction over the lawsuit.

16、中国公民双方在国外但未定居，一方向人民法院起诉离婚的，应由原告或者被告原住所地的人民法院管辖。

Where both parties of overseas Chinese stay but do not settle down at abroad, if one party files a lawsuit of divorce with a people's court, the lawsuit shall be under the jurisdiction of the people's court at the original domicile of the plaintiff or the defendant.

17、对没有办事机构的公民合伙、合伙型联营体提起的诉讼，由被告注册登记地人民法院管辖。没有注册登记，几个被告又不在同一辖区的，被告住所地的人民法院都有管辖权。

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

18、因合同纠纷提起的诉讼，如果合同没有实际履行，当事人双方住所地又都不在合同约定的履行地的，应由被告住所地人民法院管辖。

For a lawsuit filed due to a contractual dispute, if the contract has not been actually performed and the domiciles of both parties concerned are not the place of performance as stipulated in the contract, the lawsuit shall be under the jurisdiction of the people's court at the domicile of the defendant.

19、购销合同的双方当事人在合同中对交货地点有约定的，以约定的交货地点为合同履行地；没有约定的，依交货方式确定合同履行地；采用送货方式的，以货物送达地为合同履行地；采用自提方式的，以提货地为合同履行地；代办托运或按木 材、煤炭送货办法送货的，以货物发运地为合同履行地。

If both parties to a purchase-and-sale contract have stipulated the place of delivery in the contract, the place of delivery as stipulated in the contract shall be the place where the contract is performed; if there is no such stipulation, the place where the contract is performed shall be determined based on the delivery means; in the case of delivery of goods, the place where the contract is performed shall be the place where the goods are delivered; in the case of pick-up of goods, the place where the goods are picked up shall be the place where the contract is performed; and in the case of commissioned consignment or delivery of goods according to the method for delivery of timber and coal, the place where the goods are dispatched shall be the place where the contract is performed.

购销合同的实际履行地点与合同中约定的交货地点不一致的，以实际履行地点为合同履行地。

If the place where a purchase-and-sale contract is actually performed is different from the place of delivery as stipulated in the contract, the place of actual performance shall be the place where the purchase-and-sale contract is performed.

20、加工承揽合同，以加工行为地为合同履行地，但合同中对履行地有约定的除外。

For the contract on processing work, the place of actual processing shall be the place where the contract is performed, unless the place where the contract is performed is otherwise stipulated in the contract.

21、财产租赁合同、融资租赁合同以租赁物使用地为合同履行地，但合同中对履行地有约定的除外。

For the contract on property leasing or the contract on financial leasing, the place where the leased property is used shall be the place where the contract is performed, unless the place where the contract is performed is otherwise stipulated in the contract.

22、补偿贸易合同，以接受投资一方主要义务履行地为合同履行地。

For the contract on compensation trade, the place where the investment recipient's main obligation is fulfilled shall be the place where the contract is performed.

23、民事诉讼法第二十五条规定的书面合同中的协议，是指合同中的协议管辖条款或者诉讼前达成的选择管辖的协议。

The “agreement in a written contract” as prescribed in Article 25 of the Civil Procedure Law refers to the negotiated jurisdiction clause in the contract or the agreement on selection of jurisdiction reached before litigation.

24、合同的双方当事人选择管辖的协议不明确或者选择民事诉讼法第二十五条规定的人民法院中的两个以上人民法院管辖的，选择管辖的协议无效，依照民事诉讼法第二十四条的规定确定管辖。

If the agreement on selection of jurisdiction by both parties to a contract is ambiguous or there are two or more competent people's courts according to Article 25 of the Civil Procedure Law, the agreement on selection of jurisdiction shall be invalid, and the jurisdiction shall be determined according to Article 24 of the Civil Procedure Law.

25、因保险合同纠纷提起的诉讼，如果保险标的物是运输工具或者运输中的货物，由被告住所地或者运输工具登记注册地、运输目的地、保险事故发生地的人民法院管辖。

For a lawsuit filed due to the dispute over an insurance contract, if the target of insurance is a transport vehicle or the goods are in transit, the lawsuit shall be under the jurisdiction of the people's court at the place where the defendant resides, the place where the transport vehicle is registered, the place of destination or the place where the insured accident occurs.

26、民事诉讼法第二十七条规定的票据支付地，是指票据上载明的付款地。票据未载明付款地的，票据付款人（包括代理付款人）的住所地或主营业所所在地为票据付款地。

The “place of payment on commercial instrument” as prescribed in Article 27 of the Civil Procedure Law refers to the place of disbursement stated in the commercial instrument. The place of domicile or the principal business office of the drawee including the payer by proxy shall be deemed as the place of payment on commercial instrument if the commercial instrument has not stated the place of disbursement.

27、债权人申请支付令，适用民事诉讼法第二十二条规定，由债务人住所地的基层人民法院管辖。

The application for a pay warrant by the creditor shall be governed by Article 22 of the Civil Procedure Law and be under the jurisdiction of the grassroots people's court at the domicile of the debtor.

28、民事诉讼法第二十九条规定的侵权行为地，包括侵权行为实施地、侵权结果发生地。

The “place of a tortious act” as prescribed in Article 29 of the Civil Procedure Law includes the place where the tort is committed and the place where the tortuous consequence takes place.

29、因产品质量不合格造成他人财产、人身损害提起的诉讼，产品制造地、产品销售地、侵权行为地和被告住所地的人民法院都有管辖权。

A lawsuit concerning the damage of property or personal injury of another person resulted from bad quality of products shall be under the jurisdiction of the people's court where the products are manufactured, the place where the products are sold, the place the tort is committed or the domicile of the defendant.

30、铁路运输合同纠纷及与铁路运输有关的侵权纠纷，由铁路运输法院管辖。

The dispute over a railway transport contract or the tort dispute over railway transport shall be under the jurisdiction of the railway transportation court.

31、诉前财产保全，由当事人向财产所在地的人民法院申请。

For the preservation of property before the institution of an action, the party concerned shall file an application with the people's court at the place where the property is located.

在人民法院采取诉前财产保全后，申请人起诉的，可以向采取诉前财产保全的人民法院或者其他有管辖权的人民法院提起。

If an applicant files a lawsuit after a people's court took the measure for preservation of property before the institution of an action, the lawsuit may be filed with the people's court that took the measure for preservation of property before the institution of an action or any other competent people's court.

32、当事人申请诉前财产保全后没有在法定的期间起诉，因而给被申请人造成财产损失引起诉讼的，由采取该财产保全措施的人民法院管辖。

If the party concerned fails to file a lawsuit within the statutory term after applying for preservation of property before the institution of an action, and a lawsuit is resulted from the loss of property to the party against whom the application is filed, the lawsuit shall be under the jurisdiction of the people's court that took the measure for preservation of property before the institution of an action.

33、两个以上人民法院都有管辖权的诉讼，先立案的人民法院不得将案件移送给另一个有管辖权的人民法院。人民法院在立案前发现其他有管辖权的人民法院已先立案的，不得重复立案，立案后发现其他有管辖权的人民法院已先立案的，裁定将案件移送给先立案的人民法院。

For a lawsuit over which two or more people's courts have the jurisdiction, the people's court that firstly puts the case on file shall not transfer the case to another competent people's court. If the people's court finds before putting a case on file that the case has been put on the file of another competent people's court, it shall not put the case on its file again; and if it finds that another competent people's court has put this case on file, it shall rule to transfer the case to the people's court that puts the case on file prior to it.

34、案件受理后，受诉人民法院的管辖权不受当事人住所地、经常居住地变更的影响。

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

35、有管辖权的人民法院受理案件后，不得以行政区域变更为由，将案件移送给变更后有管辖权的人民法院。判决后的上诉案件和依审判监督程序提审的案件，由原审人民法院的上级人民法院进行审判；第二审人民法院发回重审或者上级人民法院指令再审的案件，由原审人民法院重审或者再审。

After the competent people's court has accepted a case, it shall not transfer the case to the other competent people's court in the excuse of the alteration of the administrative areas. The appellate case after adjudication or the case brought up for trial according to the procedure for trial supervision shall be tried by the higher people's court of the people's court of original trial; and the case remanded for retrial by the people's court of second instance or the case directed for retrial by the people's court at a higher level shall be reheard or retried by the people's court of original trial.

36、依照民事诉讼法第三十七条第二款规定，发生管辖权争议的两个人民法院因协商不成报请它们的共同上级人民法院指定管辖时，如双方为同属一个地、市辖区的基层人民法院，由该地、市的中级人民法院及时指定管辖；同属一个省、自治区、直辖市的两个人民法院，由该省、自治区、直辖市的高级人民法院及时指定管辖；如双方为跨省、自治区、直辖市的人民法院，高级人民法院协商不成的，由最高人民法院及时指定管辖。

When two people's courts between which there is a jurisdictional dispute can not reach unanimity upon negotiations and report the dispute to their common superior people's court to designate the jurisdiction according to Article 37 (2) of the Civil Procedure Law, if both courts are grassroots people's courts in a same districted city or municipal district, the intermediate people's court of that districted city or municipal district shall timely designate the jurisdiction; if both courts are the people's courts in a same province, autonomous region or municipality directly under the Central Government, the higher people's court of that province, autonomous region or municipality directly under the Central Government shall timely designate the jurisdiction; if both courts are the people's courts in two provinces, autonomous regions or municipalities directly under the Central Government and the higher people's courts can not reach unanimity upon negotiations, the Supreme People's Court shall timely designate the jurisdiction.

依前款规定报请上级人民法院指定管辖时，应当逐级进行。

The designation of jurisdiction by superior people's courts according to the preceding paragraph shall be reported level by level.

37、上级人民法院依照民事诉讼法第三十七条的规定指定管辖，应书面通知报送的人民法院和被指定的人民法院。报送的人民法院接到通知后，应及时告知当事人。

For the designation of jurisdiction according to Article 37 of the Civil Procedure Law, the superior people's court shall notify the people's court that submits the request for designation and the designated people's court in written form. After receipt of the notice, the people's court that submits the request for designation shall notify the parties concerned in a timely manner.

二、诉讼参加人

Participants in Civil Proceedings

38、法人的正职负责人是法人的法定代表人。没有正职负责人的，由主持工作的副职负责人担任法定代表人。设有董事会的法人，以董事长为法定代表人；没有董事长的法人，经董事会授权的负责人可作为法人的法定代表人。

The chief in charge of a legal person is the legal representative of that legal person. Where there is no chief in charge, the deputy head in charge of relevant work shall be the legal representative. For a legal person with its board of directors, the board chairman shall be the legal representative; for a legal person without the board chairman, the person in charge as authorized by the board of directors may be the legal representative of that legal person.

不具备法人资格的其他组织，以其主要负责人为代表人。

For any other organization that does not have the status of legal person, the person chiefly in charge shall be its representative.

39、在诉讼中，法人的法定代表人更换的，由新的法定代表人继续进行诉讼，并应向人民法院提交新的法定代表人身份证明书。原法定代表人进行的诉讼行为有效。

In the litigation, if the legal representative of a legal person is changed, the new legal representative shall process with the litigation, and submit the identity certification of the new legal representative to the people's court. The litigation conducted by the original legal representative shall be still valid.

本条的规定，适用于其他组织参加的诉讼。

This Article shall apply to the lawsuits participated in by other organizations.

40、民事诉讼法第四十九条规定的其他组织是指合法成立、有一定的组织机构和财产，但又不具备法人资格的组织，包括：

The “other organizations” as prescribed by Article 49 of the Civil Procedure Law refers to the organizations that are lawfully established, have certain organizational bodies and properties but do not have the status of legal person, and includes:

依法登记领取营业执照的私营独资企业、合伙组织；

Sole proprietorships and partnerships that have been registered and obtained the business license according to law;

依法登记领取营业执照的合伙型联营企业；

Partnership associations that have been registered and obtained business licenses according to law;

依法登记领取我国营业执照的中外合作经营企业、外资企业；

Chinese-foreign contractual joint ventures and foreign-funded enterprises that have been registered and obtained business licenses according to law;

经民政部门核准登记领取社会团体登记证的社会团体；

Social organizations that have been approved and registered by the civil affairs administrative department and have obtained a registration certificate of social organization;

法人依法设立并领取营业执照的分支机构；

Branches that are established by legal persons and have obtained business licenses;

中国人民银行、各专业银行设在各地的分支机构；

Branches of the People's Bank of China or various professional banks that are established all over the country;

中国人民保险公司设在各地的分支机构；

Branches of the People's Insurance Company of China that are established all over the country;

经核准登记领取营业执照的乡镇、街道、村办企业；

Enterprises run by towns, sub-districts or villages that have been registered upon approval and obtained business licenses according to law; and

符合本条规定条件的其他组织。

Other organizations meeting the requirements set down in this Article.

41、法人非依法设立的分支机构，或者虽依法设立，但没有领取营业执照的分支机构，以设立该分支机构的法人为当事人。

For a branch established by a legal person not according to law or a branch of a legal person that is established according to law but has not obtained the business license, the legal person that has established the branch shall be the party concerned.

42、法人或者其他组织的工作人员因职务行为或者授权行为发生的诉讼，该法人或其组织为当事人。

For a lawsuit resulted from the act of duty or the act of authorization by the staff member of a legal person or any other organization, the legal person or other organization shall be the party concerned.

43、个体工商户、个人合伙或私营企业挂靠集体企业并以集体企业的名义从事生产经营活动的，在诉讼中，该个体工商户、个人合伙或私营企业与其挂靠的集体企业为共同诉讼人。

If an individual industrial and commercial household, individual partnership or private enterprise is affiliated to a collectively-owned enterprise and engages in business activities in the name of collectively-owned enterprise, in the litigation, the individual industrial and commercial household, individual partnership or private enterprise and the said collectively-owned enterprise shall be the co-litigants.

44、在诉讼中，一方当事人死亡，有继承人的，裁定中止诉讼。人民法院应及时通知继承人作为当事人承担诉讼，被继承人已经进行的诉讼行为对承担诉讼的继承人有效。

If, in the litigation, one party is dead and there is an inheritor, the litigation shall be ruled as suspended. The people's court shall timely notify the inheritor to participate in the litigation as the party concerned, and the litigation conducted by the deceased shall be valid for the inheritor that participates in the litigation.

45、个体工商户、农村承包经营户、合伙组织雇佣的人员在进行雇佣合同规定的生产经营活动中造成他人损害的，其雇主是当事人。

If a person hired by an individual industrial and commercial household, leaseholding rural household or partnership organization causes damage to another person when conducting any production or business activities as prescribed in the employment contract, his employer shall be the party concerned.

46、在诉讼中，个体工商户以营业执照上登记的业主为当事人。有字号的，应在法律文书中注明登记的字号。营业执照上登记的业主与实际经营者不一致的，以业主和实际经营者为共同诉讼人。

In the litigation, the owner registered on the business license of an individual industrial and commercial household shall be the party concerned. If the individual industrial and commercial household has a trade name, such trade name shall be stated in legal documents. If the owner registered on the business license is inconsistent with the actual business operator, the owner and the actual business operator shall be the co-litigants.

47、个人合伙的全体合伙人在诉讼中为共同诉讼人。个人合伙有依法核准登记的字号的，应在法律文书中注明登记的字号。全体合伙人可以推选代表人；被推选的代表人，应由全体合伙人出具推选书。

The whole partners for an individual partnership shall be the co-litigants in the litigation. If the individual partnership has a trade name as approved and registered according to law, such trade name shall be stated in legal documents. The whole partners can select representatives, and shall work out relevant papers for the representatives as selected.

48、当事人之间的纠纷经仲裁机构仲裁或者经人民调解委员会调解，当事人不服仲裁或调解向人民法院提起诉讼的，应以对方当事人为被告。

If, after the arbitration agency has arbitrated or the people's mediation committee has meditated a dispute between the parties concerned, one party is not satisfied with the arbitration or mediation and files a lawsuit with a people's court, the other party shall be the defendant.

49、法人或者其他组织应登记而未登记即以法人或者其他组织名义进行民事活动，或者他人冒用法人、其他组织名义进行民事活动，或者法人或者其他组织依法终止后仍以其名义进行民事活动的，以直接责任人为当事人。

If a legal person or any other organization that shall be registered is not registered but conducts civil activities in the name of legal person or other organization, or uses the name of another legal person or other organization under false pretenses for conducting civil activities, or after termination, the legal person or any other organization still uses its name for conducting civil activities, the person directly responsible shall be the party concerned.

50、企业法人合并的，因合并前的民事活动发生的纠纷，以合并后的企业为当事人；企业法人分立的，因分立前的民事活动发生的纠纷，以分立后的企业为共同诉讼人。

In the case of amalgamation of enterprise legal persons, for a dispute over civil activities occurring before the amalgamation, the enterprises after amalgamation shall be the party concerned; in the case of split-off of an enterprise legal person, for a dispute over civil activities occurring before the split-off, the enterprises after split-off shall be colitigants.

51、企业法人未经清算即被撤销，有清算组织的，以该清算组织为当事人；没有清算组织的，以作出撤销决定的机构为当事人。

If an enterprise legal person is directly deregistered without liquidation, and there is a liquidation organization, the liquidation organization shall be the party concerned; and if there is no liquidation organization, the body that made the decision on deregistration shall be the party concerned.

52、借用业务介绍信、合同专用章、盖章的空白合同书或者银行帐户的，出借单位和借用人为共同诉讼人。

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

53、因保证合同纠纷提起的诉讼，债权人向保证人和被保证人一并主张权利的，人民法院应当将保证人和被保证人列为共同被告；债权人仅起诉保证人的，除保证合同明确约定保证人承担连带责任的外，人民法院应当通知被保证人作为共同被告参加诉讼；债权人仅起诉被保证人的，可只列被保证人为被告。

For a lawsuit concerning a dispute over a guarantee contract, if the creditor claims its rights against the guarantor and the warrantee, the people's court shall take the guarantor and the warrantee as codefendants; if the creditor sues only against the guarantor, except that the guarantor shall assume the joint and several liability according to the guarantee contract, the people's court shall notify the warrantee to participate in litigation as the codefendant; and if the creditor sues only against the warrantee, the people's court may only take the warrantee as the defendant.

54、在继承遗产的诉讼中，部分继承人起诉的，人民法院应通知其他继承人作为共同原告参加诉讼；被通知的继承人不愿意参加诉讼又未明确表示放弃实体权利的，人民法院仍应把其列为共同原告。

If, in a lawsuit of inheritance, only part of inheritors file the lawsuit, the people's court shall notify other inheritors to participate in litigation as co-plaintiffs; if any inheritors as notified are not willing to participate in litigation but do not clearly express their waiver of substantive rights, the people's court shall still take them ass co-plaintiffs.

55、被代理人和代理人承担连带责任的，为共同诉讼人。

If the principal and the agent assume the joint and several liability, they shall be co-litigants.

56、共有财产权受到他人侵害，部分共有权人起诉的，其他共有权人应当列为共同诉讼人。

If, after the right of a common property was damaged by another person, only part of common property right holders file a lawsuit, other common property right holders shall be taken as co-litigants.

57、必须共同进行诉讼的当事人没有参加诉讼的，人民法院应当依照民事诉讼法第一百一十九条的规定，通知其参加；当事人也可以向人民法院申请追加。人民法院对当事人提出的申请，应当进行审查，申请无理的，裁定驳回；申请有理的，书面通知被追加的当事人参加诉讼。

If the party that shall participate in litigation together fails to do so, the people's court shall notify him to participate in litigation according to Article 119 of the Civil Procedure Law; the party may also apply to the people's court as an additional party. The people's court shall examine the application filed by the party, and shall rule to reject the application if it is unreasonable; or shall notify in written form the additional party to participate in litigation if the application is reasonable.

58、人民法院追加共同诉讼的当事人时，应通知其他当事人。应当追加的原告，已明确表示放弃实体权利的，可不予追加； 既不愿意参加诉讼，又不放弃实体权利的，仍追加为共同原告，其不参加诉讼，不影响人民法院对案件的审理和依法作出判决。

When the people's court adds any parties to a joint lawsuit, it shall give a notice to other parties concerned. If a plaintiff that shall be added has clearly waived his substantial rights, he may not be added; if the plaintiff is reluctant to participate in litigation but is also reluctant to waive substantial rights, he shall still be added as a co-plaintiff. His failure to participate in litigation will not affect the trial or decision of the people's court.

59、民事诉讼法第五十四条和第五十五条规定的当事人一方人数众多，一般指十人以上。

The circumstance “one party has numerous litigants” as prescribed in Articles 54 and 55 of the Civil Procedure Law generally refers to ten persons or more.

60、依照民事诉讼法第五十四条规定，当事人一方人数众多在起诉时确定的，可以由全体当事人推选共同的代表人，也可以由部分当事人推选自己的代表人；推选不出代表人的当事人，在必要的共同诉讼中可由自己参加诉讼，在普通的共同诉讼中可以另行起诉。

If the exact number of litigants in one party that has numerous litigants is certain at the time of filing of the case according to Article 54 of the Civil Procedure Law, the whole parties concerned may select common representatives, or part of parties concerned may select their own representatives; if the parties can not select representatives, they may participate in litigation by themselves in a necessary joint action, or may file another lawsuit in a general joint action.

61、依照民事诉讼法第五十五条规定，当事人一方人数众多在起诉时不确定的，由当事人推选代表人，当事人推选不出的， 可以由人民法院提出人选与当事人协商，协商不成的，也可以由人民法院在起诉的当事人中指定代表人。

If the exact number of litigants in one party that has numerous litigants is uncertain at the time of filing of the case according to Article 55 of the Civil Procedure Law, the parties concerned may select common representatives; if the parties can not select representatives, the people's court may nominate representatives and then negotiate with the parties concerned; if the negotiation fails, the people's court may designate representatives among the parties that file the lawsuit.

62、民事诉讼法第五十四条和第五十五条规定的代表人为二至五人，每位代表人可以委托一至二人作为诉讼代理人。

The number of “representatives” prescribed in Articles 54 and 55 of the Civil Procedure Law shall be two up to five, and each representative may authorize one or two persons as his litigation representatives.

63、依照民事诉讼法第五十五条规定受理的案件，人民法院可以发出公告，通知权利人向人民法院登记。公告期根据具体案件的情况确定，最少不得少于三十日。

For a case accepted according to Article 55 of the Civil Procedure Law, the people's court may make a public notice to notify the right holders to make registration at the people's court. The term of public notice shall be determined based on the specific case and shall not be less than 30 days.

64、依照民事诉讼法第五十五条规定向人民法院登记的当事人，应证明其与对方当事人的法律关系和所受到的损害。证明不了的，不予登记，当事人可以另行起诉。人民法院的裁判在登记的范围内执行。未参加登记的权利人在诉讼时效期间内提起诉讼，人民法院认定其请求成立的，裁定适用人民法院已作出的判决、裁定。

A party registered at the people's court according to Article 55 of the Civil Procedure Law shall prove his legal relationship with the opposing party and the damage he has suffered from. If he fails to do so, he will not be registered, and he can file a separate lawsuit. The judgment made by the people's court shall be enforced within the scope of registration. If a right holder that has not been registered files a lawsuit within the limitation of action, the people's court shall affirm his claim and rule to apply to the judgment or ruling it has rendered.

65、依照民事诉讼法第五十六条的规定，有独立请求权的第三人有权向人民法院提出诉讼请求和事实、理由，成为当事人； 无独立请求权的第三人，可以申请或者由人民法院通知参加诉讼。

According to Article 56 of the Civil Procedure Law, a third party with an independent claim to the subject matter of an action has the right to present claims, facts and reasons to the people's court and become a party concerned; and a third party without an independent claim to the subject matter of an action may apply for participation in litigation or be notified by the people's court to participate in litigation.

66、在诉讼中，无独立请求权的第三人有当事人的诉讼权利义务，判决承担民事责任的无独立请求权的第三人有权提出上诉。但该第三人在一审中无权对案件的管辖权提出异议，无权放弃、变更诉讼请求或者申请撤诉。

In the litigation, a third party without an independent claim to the subject matter of an action has thejudicial powerand obligations of the parties concerned, and has the right to file an appeal if being ordered to assume civil liability. However, this third party has no right to challenge the jurisdiction, waive or alter claims or apply for withdrawal of the action in the first instance.

67、在诉讼中，无民事行为能力人、限制民事行为能力人的监护人是他的法定代理人。事先没有确定监护人的，可以由有监护资格的人协商确定，协商不成的，由人民法院在他们之间指定诉讼中的法定代理人。当事人没有民法通则第十六条第一、二款或者第十七条第一款规定的监护人的，可以指定该法第十六条第四款或者第十七条第三款规定的有关组织担任诉讼期间的法定代理人。

In the litigation, the guardian of a person of no or limited capacity for civil conduct is his statutory agent. If the guardian has not been determined in advance, the persons qualified for guardianship may determine the guardian through negotiation; if they can not reach unanimity through negotiations, the people's court shall designate a statutory agent for litigation among the persons qualified for guardianship. If there is no guardian prescribed in Article 16 (1) or (2) or Article 17 (1) of the General Principles of the Civil Law for the party concerned, the people's court may designate a relevant organization prescribed in Article 16 (4) or Article 17 (3) of the General Principles of the Civil Law to act as the statutory agent during the course of litigation.

68、除律师、当事人的近亲属、有关的社会团体或者当事人所在单位推荐的人之外，当事人还可以委托其他公民为诉讼代理人。但无民事行为能力人、限制民事行为能力人或者可能损害被代理人利益的人以及人民法院认为不宜作诉讼代理人的人， 不能作为诉讼代理人。

In addition to the lawyer, near relative, relevant social organization or the person recommended by the employer of a litigant, the litigant may also authorize any other citizens as his litigation representatives. However, a person of no or limited capacity for civil conduct, a person that may damage the interests of the principal, or a person considered by the people's court as unsuitable for the litigation representative shall not act as the litigation representative.

69、当事人向人民法院提交的授权委托书，应在开庭审理前送交人民法院。授权委托书仅写“全权代理”而无具体授权的，诉讼代理人无权代为承认、放弃、变更诉讼请求，进行和解，提起反诉或者上诉。

The power of attorney shall be submitted to the people's court by the party concerned before the court session. If the power of attorney only states “general agency” without specific items of authorization, the litigation representative has no right to admit, waive or alter claims, conduct mediation and file a counterclaim or appeal for the party concerned.

三、证据

Evidence

70、人民法院收集调查证据，应由两人以上共同进行。调查材料要由调查人、被调查人、记录人签名或盖章。

For collection and investigation of evidence, the people's court shall assign two or more clerks therefor. The investigation documents shall bear the signatures or seals of investigators, persons under investigation and the note-taker.

71、对当事人提供的证据，人民法院应当出具收据，注明证据的名称、收到的时间、份数和页数，由审判员或书记员签名或盖章。

For the evidence submitted by the parties concerned, the people's court shall issue receipts, which shall indicate the name of evidence, time of receipt, number of copies and number of pages, as well as the signature or seal of the adjudicator or the court clerk.

72、证据应当在法庭上出示，并经过庭审辩论、质证。依法应当保密的证据，人民法院可视具体情况决定是否在开庭时出示，需要出示的，也不得在公开开庭时出示。

The evidence shall be exhibited at court, and be subject to debate and cross-examination in the court trial. For the evidence that shall be kept confidential, the people's court may decide whether or not to exhibit it in the court session in light of basic circumstances; and shall not openly exhibit it in the court session if it really needs to be exhibited.

73、依照民事诉讼法第六十四条第二款规定，由人民法院负责调查收集的证据包括：

According to Article 64 (2) of the Civil Procedure Law, the evidence to be investigated and collected by the people's court shall contain:

当事人及其诉讼代理人因客观原因不能自行收集的；

Evidence that can not be obtained by one party or his litigation representative because of some realistic reasons;

人民法院认为需要鉴定、勘验的；

Evidence that needs to be identified or surveyed according to the opinions of the people's court;

当事人提供的证据互相有矛盾、无法认定的；

Pieces of evidence submitted by the parties concerned contradict with each other and can not be identified; or

人民法院认为应当由自己收集的其他证据。

Other evidence the people's court considers that it needs to collect.

74、在诉讼中，当事人对自己提出的主张，有责任提供证据。但在下列侵权诉讼中，对原告提出的侵权事实，被告否认的， 由被告负责举证：

74. During the course of litigation, one party shall assume the burden of proof for the claims it brings forward. However, in the following tort actions, if the defendant denies the tort claimed by the plaintiff, the defendant shall assume the burden of proof:

因产品制造方法发明专利引起的专利侵权诉讼；

Patent infringement action resulting from an invention patent of product manufacturing method;

高度危险作业致人损害的侵权诉讼；

Tort action for personal damage caused by highly dangerous operations;

因环境污染引起的损害赔偿诉讼；

Action for damages caused by environmental pollution;

建筑物或者其他设施以及建筑物上的搁置物、悬挂物发生倒塌、脱落、坠落致人损害的侵权诉讼；

Tort action for personal damage caused by the collapse, breaking off or falling of a building or other facilities or the thing that is laid or hung on the building;

饲养动物致人损害的侵权诉讼；

Tort action for personal damage caused by breeding of animals; or

有关法律规定由被告承担举证责任的。

Relevant legal provisions prescribe that the defendant shall assume the burden of proof.

75、下列事实，当事人无需举证：

75. The parties concerned need not to assume the burden of proof for the following facts:

一方当事人对另一方当事人陈述的案件事实和提出的诉讼请求，明确表示承认的；

One party has clearly admitted the facts of a case or the claims as presented by the other party;

众所周知的事实和自然规律及定理；

Facts that are known by all people, natural laws and theorems;

根据法律规定或已知事实，能推定出的另一事实；

Facts that can be induced from legal provisions or known facts;

已为人民法院发生法律效力的裁判所确定的事实；

Facts affirmed in the judgment of the people's court that has taken effect; and

已为有效公证书所证明的事实。

Facts that have been proved in the valid notarial reports.

76、人民法院对当事人一时不能提交证据的，应根据具体情况，指定其在合理期限内提交。当事人在指定期限内提交确有困难的，应在指定期限届满之前，向人民法院申请延期。延长的期限由人民法院决定。

For the evidence that can not be submitted by one party for a while, the people's court shall request the party to submit evidence within a designated reasonable term based on specific circumstances. If one party really has difficulty in submission of evidence within the designated term, he shall apply to the people's court for postponement before expiry of the designated term, and the term to be postponed shall be decided by the people's court.

77、依照民事诉讼法第六十五条由有关单位向人民法院提出的证明文书，应由单位负责人签名或盖章，并加盖单位印章。

The certification documents submitted by a relevant entity to the people's court according to Article 65 of the Civil Procedure Law shall bear the signature or seal of the person in charge of the entity, as well as the seal of the entity.

78、证据材料为复制件，提供人拒不提供原件或原件线索，没有其他材料可以印证，对方当事人又不予承认的，在诉讼中不得作为认定事实的根据。

Where the evidence materials are photocopies, if the provider refuses to submit originals or clues of originals, there is no other evidence that can confirm the said evidence materials, and the opposing party refuses to recognize them, the said evidence materials shall not be taken as the grounds for affirmation of facts in the litigation.

四、期间或送达

IV Time Periods or Service

79、依照民事诉讼法第七十五条第二款规定，民事诉讼中以日计算的各种期间均从次日起算。

According to Article 75 (2) of the Civil Procedure Law, all the time periods calculated by day in civil proceedings shall start from the next day.

80、民事诉讼法第一百一十二条规定的立案期限，因起诉状内容欠缺令原告补正的，从补正后交人民法院的次日起算。由上级人民法院转交下级人民法院，或者由基层人民法院转交有关人民法庭受理的案件，从受诉人民法院或人民法庭收到起诉状的次日起算。

For the “time period for placing a case on file” as prescribed in Article 112 of the Civil Procedure Law, if the bill of complaint is not complete and the plaintiff is ordered to supplement it, the said time period shall start from the next day after the plaintiff has supplemented the bill of complaint. If a case is transferred from a superior people's court to a lower people's court or from a grassroots people's court to the relevant people's tribunal for acceptance, the said time period shall start from the next day after the people's court or tribunal with which the lawsuit is filed has received the bill of complaint.

81、向法人或者其他组织送达诉讼文书，应当由法人的法定代表人、该组织的主要负责人或者办公室、收发室、值班室等负责收件的人签收或盖章，拒绝签收或者盖章的，适用留置送达。

For the service of litigation documents on a legal person or other organization, the legal representative of the legal person or the main person in-charge of the organization or the person in the office, mail room or janitor's room responsible for receipt of mails shall sign for litigation documents or bear seals; otherwise, the service by leaving the rejected legal document at the place of abode shall be applied.

82、受送达人拒绝接受诉讼文书，有关基层组织或者所在单位的代表及其他见证人不愿在送达回证上签字或盖章的，由送达人在送达回证上记明情况，把送达文书留在受送达人住所，即视为送达。

If the recipient refuses to accept a litigation document, and the representative of the relevant grassroots organization or the employer of the recipient as well as other witnesses are unwilling to affix a signature or seal on the receipt of service, the person serving the document shall give indication of the circumstance on the receipt of service, and leave the legal document at the abode of the recipient, and then the service shall be considered completed.

83、受送达人有诉讼代理人的，人民法院既可以向受送达人送达，也可以向其诉讼代理人送达。受送达人指定诉讼代理人为代收人的，向诉讼代理人送达时，适用留置送达。

If the recipient has a litigation representative, the people's court may serve the legal document either on the recipient or on his litigation representative. If the recipient has designated his litigation representative for receipt of legal document, the service by leaving the rejected legal document at the place of abode may be applied in the case of service of a legal document on the litigation representative.

84、调解书应当直接送达当事人本人，不适用留置送达。当事人本人因故不能签收的，可由其指定的代收人签收。

A mediation paper shall be served directly on the parties concerned, and the service by leaving the rejected legal document at the place of abode shall not be applied. If any parties concerned can not sign for the mediation paper by himself, he can designate an agent for doing so.

85、邮寄送达，应当附有送达回证。挂号信回执上注明的收件日期与送达回证上注明的收件日期不一致的，或者送达回证没有寄回的，以挂号信回执上注明的收件日期为送达日期。

For the service by post, a receipt of service shall be attached. If the date of receipt as stated on the receipt of a registered letter is inconsistent with the one as stated on the receipt of service, or the receipt of service has not been mailed back, the date of receipt as indicated on the receipt of a registered letter shall be the date of service.

86、依照民事诉讼法第八十条规定，委托其他人民法院代为送达的，委托法院应当出具委托函，并附需要送达的诉讼文书和送达回证，以受送达人在送达回证上签收的日期为送达日期。

If a legal document is served by the entrusted people's court according to Article 80 of the Civil Procedure Law, the entrusting people's court shall issue a power of attorney and attach the legal document for service and the receipt of service, and the date stated by the recipient on the receipt of service shall be the date of service.

87、依照民事诉讼法第八十一条和第八十二条规定，诉讼文书交有关单位转交的，以受送达人在送达回证上注明的签收日期为送达日期。

If a legal document is forwarded by a relevant entity according to Article 81 or 82 of the Civil Procedure Law, the date of receipt as stated by the recipient on the receipt of service shall be the date of service.

88、公告送达，可以在法院的公告栏、受送达人原住所地张贴公告，也可以在报纸上刊登公告；对公告送达方式有特殊要求的，应按要求的方式进行公告。公告期满，即视为送达。

For the service by public notice, a public notice shall be posted on the bulletin board of the court or at the original domicile of the recipient or on the newspaper. Where there are special requirements for the service by public notice, the public notice shall be made in the required manner. After expiration of the term of public notice, the service shall be considered as completed.

89、公告送达起诉状或上诉状副本的，应说明起诉或上诉要点，受送达人答辩期限及逾期不答辩的法律后果；公告送达传票，应说明出庭地点、时间及逾期不出庭的法律后果；公告送达判决书、裁定书的，应说明裁判主要内容，属于一审的，还应说明上诉权利、上诉期限和上诉的人民法院。

For the service of the duplicate of a bill of complaint or a petition for appeal by public notice, the people's court shall indicate the key points of complaint or appeal, the term for the recipient to make defense as well as the legal consequences if the recipient fails to make defense within the stipulated term. For the service of a subpoena by public notice, the people's court shall indicate the place and time for court appearance as well as the legal consequences if the recipient fails to appear in court at the designated place and time. For the service of a judgment or ruling, the people's court shall indicate main adjudication items, as well as the rights of appeal, term of appeal and the appellate people's court in the case of the first instance.

90、人民法院在定期宣判时，当事人拒不签收判决书、裁定书的，应视为送达，并在宣判笔录中记明。

If any parties concerned reject to sign for a judgment or ruling when the people's court pronounces a judgment or ruling at fixed time, the service shall be considered as completed, and the circumstance shall be indicated in the transcripts of pronouncement.

五、调解

Mediation

91、人民法院受理案件后，经审查，认为法律关系明确、事实清楚，在征得当事人双方同意后，可以迳行调解。

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

92、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。当事人一方或双方坚持不愿调解的，人民法院应当及时判决。人民法院审理离婚案件，应当进行调解，但不应久调不决。

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

93、人民法院调解案件时，当事人不能出庭的，经其特别授权，可由其委托代理人参加调解，达成的调解协议，可由委托代理人签名。

When the people's court mediates a case, if the parties can not appear in court, upon special authorization, his authorized agent can participate in mediation, and the mediation agreement as concluded may be signed by his authorized agent.

离婚案件当事人确因特殊情况无法出庭参加调解的，除本人不能表达意志的以外，应当出具书面意见。

If one party to a case of divorce can not appear in court for mediation under a special circumstance, except that that party himself can not express his ideas, he shall present written opinions.

94、无民事行为能力人的离婚案件，由其法定代理人进行诉讼。法定代理人与对方达成协议要求发给判决书的，可根据协议内容制作判决书。

For a case of divorce in which one party is a person of no capacity for civil conduct, his statutory agent shall participate in litigation for him. If the statutory agent reached an agreement with the other party and requests to issue a judgment, the people's court can work out a judgment based on the contents in the agreement.

95、当事人一方拒绝签收调解书的，调解书不发生法律效力，人民法院要及时通知对方当事人。

If one party refuses to sign for the mediation paper, the mediation paper will not come into effect, and the people's court shall notify the other party in a timely manner.

96、调解书不能当庭送达双方当事人的，应以后收到调解书的当事人签收的日期为调解书生效日期。

If the mediation paper can not be served on both parties at court, the day when the party that receives the mediation paper behind makes signature shall be the day when the mediation paper comes into effect.

97、无独立请求权的第三人参加诉讼的案件，人民法院调解时需要确定无独立请求权的第三人承担义务的，应经第三人的同意，调解书应当同时送达第三人。第三人在调解书送达前反悔的，人民法院应当及时判决。

For a case in which a third party without an independent claim to the subject matter of an action is a participant, if the people's court needs to impose obligation on the third party at the time of mediation, upon consent of the third party, the mediation paper shall be served on the third party at the same time. If the third party goes back on his words before the mediation paper is served, the people's court shall render the judgment in a timely manner.

六、财产保全和先予执行

Property Preservation and Advance Execution

98、人民法院依照民事诉讼法第九十二条、第九十三条规定，在采取诉前财产保全和诉讼财产保全时责令申请人提供担保的，提供担保的数额应相当于请求保全的数额。

If the people's court orders an applicant to provide security when adopting the measure of property preservation before the institution of an action or during the course of an action according to Article 92 or 93 of the Civil Procedure Law, the amount of security shall be equal to the amount asked for preservation.

99、人民法院对季节性商品、鲜活、易腐烂变质以及其他不宜长期保存的物品采取保全措施时，可以责令当事人及时处理， 由人民法院保存价款；必要时，人民法院可予以变卖，保存价款。

When a people's court adopts the measure for preservation of seasonal goods, fresh or decayable goods, or goods unsuitable for long-time preservation, it can order the party concerned to timely dispose of the said goods and keep money therefrom; and when necessary, the people's court may sell off the said goods and keep the money.

100、人民法院在财产保全中采取查封、扣押财产措施时，应当妥善保管被查封、扣押的财产。当事人、负责保管的有关单位或个人以及人民法院都不得使用该项财产。

When a people's court adopts the measures of seizure or detention of property during the course of property preservation, it shall properly keep the property as seized or detained. The parties concerned, the relevant entity or individual responsible for custody as well as the people's court shall not use the said property.

101、人民法院对不动产和特定的动产（如车辆、船舶等）进行财产保全，可以采用扣押有关财产权证照并通知有关产权登记部门不予办理该项财产的转移手续的财产保全措施；必要时，也可以查封或扣押该项财产。

When the people's court adopts the measure of property preservation to irremovable property or specific removable property (such as vehicles and ships, etc.), it may adopt the measure of property preservation by seizing the certificate of relevant property entitlements and informing the relevant property right registration department not to handle the transfer formality for the relevant property; and when necessary, the people's court may seize or detain the relevant property.

102、人民法院对抵押物、留置物可以采取财产保全措施，但抵押权人、留置权人有优先受偿权。

A people's court may adopt the measure of property preservation to the object under mortgage or lien, but the mortgagee or lienor has the priority of compensation.

103、对当事人不服一审判决提出上诉的案件，在第二审人民法院接到报送的案件之前，当事人有转移、隐匿、出卖或者毁损财产等行为，必须采取财产保全措施的，由第一审人民法院依当事人申请或依职权采取。第一审人民法院制作的财产保全的裁定，应及时报送第二审人民法院。

For a case of appeal filed because the party is not satisfied with the judgment of first instance, if the party concerned transfers, hides, sells or destroys the property before the people's court of second instance receives the case as filed, and the measure of property preservation shall be adopted, the people's court of first instance can adopt the measure of property preservation upon application of the party concerned or upon the strength of its authority. The ruling about property preservation made by the people's court of first instance shall be timely reported to the people's court of second instance.

104、人民法院对债务人到期应得的收益，可以采取财产保全措施，限制其支取，通知有关单位协助执行。

For the receivable proceeds due to the debtor, the people's court may adopt the measure of property preservation and restrict the debtor from drawing these proceeds, and notify the relevant entity to offer assistance in the execution.

105、债务人的财产不能满足保全请求，但对第三人有到期债权的，人民法院可以依债权人的申请裁定该第三人不得对本案债务人清偿。该第三人要求偿付的，由人民法院提存财物或价款。

If the debtor's properties are not enough for the request for property preservation but the debtor has mature creditor's rights to the third party, the people's court may rule, upon application of the creditor, that the thirty party shall not make payment to the debtor. If the third party requests to make payment, the property or money shall be submitted to the people's court.

106、民事诉讼法规定的先予执行，人民法院应当在受理案件后终审判决作出前采取。先予执行应当限于当事人诉讼请求的范围，并以当事人的生活、生产经营的急需为限。

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

107、民事诉讼法第九十七条第（三）项规定的紧急情况，包括：

The “emergencies” prescribed in Article 97(c) in the Civil Procedure Law include:

需要立即停止侵害、排除妨碍的；

It is necessary to immediately stop infringement and remove obstacle;

需要立即制止某项行为的；

It is necessary to immediately stop some act;

需要立即返还用于购置生产原料、生产工具货款的；

It is necessary to immediately return the money for purchase of production raw materials and production tools; and

追索恢复生产、经营急需的保险理赔费的。

The insurance compensation in the urgent need for recovery of production or business operation.

108、人民法院裁定采取财产保全措施后，除作出保全裁定的人民法院自行解除和其上级人民法院决定解除外，在财产保全期限内，任何单位都不得解除保全措施。

After a people's court rules to take the measure of property preservation, except that the people's court that rendered the preservation ruling or the superior thereof removes the property measure, no entity may remove the property measure within the term of property preservation.

109、诉讼中的财产保全裁定的效力一般应维持到生效的法律文书执行时止。在诉讼过程中，需要解除保全措施的，人民法院应及时作出裁定，解除保全措施。

The validity of a property preservation ruling in the litigation shall generally extend to the time when the effective legal document is enforced. If the preservation measure needs to be removed during the course of litigation, the people's court shall timely render a ruling to remove the preservation measure.

110、对当事人不服财产保全、先予执行裁定提出的复议申请，人民法院应及时审查。裁定正确的，通知驳回当事人的申请；裁定不当的，作出新的裁定变更或者撤销原裁定。

For a reconsideration application filed by the party concerned regarding the objection to accept the ruling of property preservation or advance execution, the people's court shall timely examine it. The people's court shall notify to reject the application of the party concerned if the ruling is correct; or shall render a new ruling to alter or cancel the original ruling if the original ruling is improper.

111、人民法院先予执行后，依发生法律效力的判决，申请人应当返还因先予执行所取得的利益的，适用民事诉讼法第二百一十四条的规定。

If, after the advance execution by the people's court, an applicant shall return the proceeds obtained from advance execution according to the judgment that has come into force, Article 214 of the Civil Procedure Law shall be applied.

七、对妨害民事诉讼的强制措施

Compulsory Measures against Obstruction of Civil Actions

112、民事诉讼法第一百条规定的必须到庭的被告，是指负有赡养、抚育、扶养义务和不到庭就无法查清案情的被告。

The “defendant that shall appear in court” as prescribed in Article 100 of the Civil Procedure Law refers to the defendant who has the obligation of support, upbringing or maintenance and whose appearance in court is indispensable for finding of case facts.

给国家、集体或他人造成损害的未成年人的法定代理人，如其必须到庭，经两次传票传唤无正当理由拒不到庭的，也可以适用拘传。

If the statutory agent of a minor who causes damage to the State, the collective or another person must appear in court, and he has been served twice with subpoena but still refuses to appear in court without legitimate reasons, the people's court may summon him to court by force.

113、拘传必须用拘传票，并直接送达被拘传人；在拘传前，应向被拘传人说明拒不到庭的后果，经批评教育仍拒不到庭的，可拘传其到庭。

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

114、人民法院依照民事诉讼法第一百零一条、第一百零二条的规定，需要对诉讼参与人和其他人采取拘留措施的，应经院长批准，作出拘留决定书，由司法警察将被拘留人送交当地公安机关看管。

If a people's court needs to detain any litigation participants or others according to Article 101 or 102 of the Civil Procedure Law, it shall be subject to approval by the court president, a written decision of detention shall be made, and the detainee shall be transferred by judicial police to the local public security organ for custody.

115、被拘留人不在本辖区的，作出拘留决定的人民法院应派员到被拘留人所在地的人民法院，请该院协助执行，受委托的人民法院应及时派员协助执行。被拘留人申请复议或者在拘留期间承认并改正错误，需要提前解除拘留的，受委托人民法院应向委托人民法院转达或者提出建议，由委托人民法院审查决定。

If the detainee does not stay within the jurisdiction of the people's court that makes the decision of detention, this people's court shall assign clerks to the people's court at the place where the detainee stays and request the latter to offer assistance in enforcement, and the entrusted people's court shall timely assign clerks for assistance in enforcement. If the detainee applies for reconsideration or admits and corrects errors during the course of detention, and the measure of detention needs to be removed in advance, the entrusted people's court shall inform the circumstance or bring forward a suggestion to the entrusting people's court for examination and decision.

116、因哄闹、冲击法庭，用暴力、威胁等方法抗拒执行公务等紧急情况，必须立即采取拘留措施的，可在拘留后，立即报告院长补办批准手续。院长认为拘留不当的，应当解除拘留。

If the measure of detention needs to be immediately taken in the case of uproars, courtroom disturbance or defiance to the execution of public affairs by violence or menace, etc., the people's court shall report to its president for supplementing the approval formality after detaining the offenders. If the court president deems that the measure of detention is improper, the measure of detention shall be removed.

117、被拘留人在拘留期间认错悔改的，可以责令其具结悔过，提前解除拘留。提前解除拘留，应报经院长批准，并作出提前解除拘留决定书，交负责看管的公安机关执行。

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

118、民事诉讼法第一百零一条、第一百零二条规定的罚款、拘留可以单独适用，也可以合并适用。

The measures of fine and detention prescribed in Articles 101 and 102 of the Civil Procedure Law may be applied either separately or concurrently.

119、对同一妨害民事诉讼行为的罚款、拘留不得连续适用。但发生了新的妨害民事诉讼的行为，人民法院可以重新予以罚款、拘留。

The measures of fine and detention against the same obstruction of civil actions shall not be applied continuously. But if new obstruction of civil actions occurs, the people's court may impose fine and detention over again.

120、依照民事诉讼法第一百零六条的规定，人民法院对非法拘禁他人或者非法私自扣押他人财产追索债务的单位和个人予以拘留、罚款的，适用该法第一百零四条和第一百零五条的规定。

If the people's court detains or imposes fine on an entity or individual pressing a debt payment by unlawfully detaining a person or illegally seizing other people's property according to Article 106 of the Civil Procedure Law, the provisions in Articles 104 and 105 of this Law shall be applied.

121、被罚款、拘留的人不服罚款、拘留决定申请复议的，上级人民法院应在收到复议申请后五日内作出决定，并将复议结果通知下级人民法院和当事人。

If the person on which the measure of fine or detention is imposed is not satisfied with the decision on fine or detention and applies for reconsideration, the people's court at the higher level shall make a decision within five days after receipt of the application for reconsideration, and notify the people's court at the lower level and the parties concerned of the reconsideration conclusion.

122、上级人民法院复议时认为强制措施不当，应当制作决定书，撤销或变更下级人民法院的拘留、罚款决定。情况紧急的，可以在口头通知后三日内发出决定书。

If the people's court at the higher level holds that the compulsory measure is improper at the time of reconsideration, it shall make a written decision to cancel or change the decision of detention or fine as made by the people's court at the lower level; and may give an oral notice and send out the written decision within three days if the circumstance is urgent.

123、当事人有下列情形之一的，可以依照民事诉讼法第一百零二条第一款第（六）项的规定处理：

If any parties concerned are under any of the following circumstances, the people's court may handle it according to Article 102 (1) (f) of the Civil Procedure Law:

在法律文书发生法律效力后隐藏、转移、变卖、毁损财产，造成人民法院无法执行的；

Hiding, transferring, selling or damaging property after a legal document has come into effect, and thus causing the people's court unable to enforce the legal document;

以暴力、威胁或者其他方法妨碍或抗拒人民法院执行的；

Obstructing or defying the enforcement of the people's court by violence, menace or any other means; or

有履行能力而拒不执行人民法院发生法律效力的判决书、裁定书、调解书和支付令的。

Having the capacity but refusing to enforce the legally effective judgment, ruling, mediation paper or pay warrant rendered by the people's court.

124、有关单位有下列情形之一的，人民法院可以依照民事诉讼法第一百零二条的规定处理：

124. If any entities are under any of the following circumstances, the people's court may handle it according to Article 102 of the Civil Procedure Law:

擅自转移已被人民法院冻结的存款，或擅自解冻的；

Illegally transferring the deposits frozen by the people's court or illegally releasing the freeze of the said deposits;

以暴力、威胁或者其他方法阻碍司法工作人员查询、冻结、划拨银行存款的；

Obstructing judicial personnel to inquire about, freeze or transfer bank deposits by violence, menace or any other means; or

接到人民法协助执行通知后，给当事人通风报信，协助其转移、隐匿财产的。

Revealing information to the party concerned and assisting him in transfer or hiding of property after receipt of a notice on assistance in enforcement as sent out by the people's court.

125、依照民事诉讼法第一百零一条的规定，应当追究有关人员刑事责任的，由审理该案的审判组织直接予以判决；在判决前，应当允许当事人陈述意见或者委托辩护人辩护。

Where it is necessary to impose criminal liabilities on relevant persons according to Article 101 of the Civil Procedure Law, the judicial organization that hears the case may directly render a judgment, and shall permit the parties concerned to express opinions or authorize defenders to make defenses before the judgment is rendered.

126、依照民事诉讼法第一百零二条第一款第（六）项的规定，应当追究有关人员刑事责任的，由人民法院刑事审判庭直接受理并予以判决。

Where it is necessary to impose criminal liabilities on relevant persons according to Article 102 (1) (f) of the Civil Procedure Law, the criminal tribunal of the people's court may directly accept the case and render a judgment.

127、依照民事诉讼法第一百零二条第（一）至（五）项和第一百零六条的规定，应当追究有关人员刑事责任的，依照刑事诉讼法的规定办理。

Where it is necessary to impose criminal liabilities on relevant persons according to Article 102 (a) up to (e) or Article 106 of the Civil Procedure Law, it shall be handled according to the Criminal Procedure Law.

八、诉讼费用

Litigation Costs

128、依照民事诉讼法第九十三条的规定向人民法院申请诉前财产保全的，诉讼费用按照《人民法院诉讼收费办法》第八条第（二）项的规定交纳。

If one party applies to the people's court for the property preservation before the institution of an action according to Article 93 of the Civil Procedure Law, the litigation costs shall be paid according to Article 8 (b) of the Measures for People's Courts to Collect Litigation Costs.

129、依照民事诉讼法第五十五条审理的案件不预交案件受理费，结案后按照诉讼标的额由败诉方交纳。

For the case heard according to Article 55 of the Civil Procedure Law, no case acceptance fee needs to be paid in advance, and the losing party shall supplement the case acceptance fee based on the amount of subject matter after the case has been settled.

130、依照民事诉讼法第五十五条第四款的规定，未参加登记的权利人向人民法院申请执行的，按《人民法院诉讼收费办法》第八条第（一）项的规定交纳申请执行费。

If a right holder that has not been registered applies for enforcement to the people's court according to Article 55 (4) of the Civil Procedure Law, the charge of petition for enforcement shall be paid according to Article 8 (a) of the Measures for People's Courts to Collect Litigation Costs.

131、人民法院裁定不予受理的案件，当事人不需交纳诉讼费用。当事人不服裁定上诉的，诉讼费用按照《人民法院诉讼收费办法》第五条第（三）项的规定交纳。

If the people's court rules to reject a case, the party concerned needs not to pay litigation costs. If the party concerned is not satisfied with the ruling and files an appeal, litigation costs shall be paid according to Article 5 (c) of the Measures for People's Courts to Collect Litigation Costs.

132、依照民事诉讼法第一百八十九条的规定向人民法院申请支付令的，每件交纳申请费 100 元。督促程序因债务人异议而终结的，申请费由申请人负担；债务人未提出异议的，申请费由债务人负担。

If one party applies for a pay warrant to a people's court according to Article 189 of the Civil Procedure Law, the 100 yuan of application fee needs to be paid for each case. If the procedure of hastening debt recovery is finalized due to the objection of the debtor, the application fee shall be borne by the applicant; if the debtor does not bring forward any objections, the application fee shall be borne by the debtor.

133、督促程序终结后，债权人另行起诉的，按照《人民法院诉讼收费办法》交纳诉讼费用。

If the debtor files a new lawsuit after the procedure for hastening debt recovery is finalized, the litigation costs shall be paid according to the Measures for People's Courts to Collect Litigation Costs.

134、依照民事诉讼法第一百九十三条的规定向人民法院申请公示催告的，每件交纳申请费 100 元。申请费和公告费由申请人负担。

If one party applies to a people's court for public summons for exhortation according to Article 193 of the Civil Procedure Law, the 100 yuan of application fee needs to be paid for each case. The applicant fee and the announcement fee shall be borne by the applicant.

135、依照民事诉讼法第一百九十六条、第一百九十八条的规定向人民法院起诉的，按照《人民法院诉讼收费办法》第五条第（四）项的规定交纳案件受理费。

If one party files a lawsuit with the people's court according to Article 196 or 198 of the Civil Procedure Law, the applicant shall pay the case acceptance fee according to Article 5 (d) of the Measures for People's Courts to Collect Litigation Costs.

136、依照民事诉讼法第一百九十九条的规定，向人民法院申请破产还债的，可不预交案件受理费，破产费用从破产财产中拔付。

If one party applies to the people's court for bankruptcy liquidation according to Article 199 of the Civil Procedure Law, the party may not pay the case acceptance fee in advance, and the costs of bankruptcy proceedings may be allotted from insolvent property.

137、人民法院依职权提起的再审案件和人民检察院抗诉的再审案件，当事人不需交纳诉讼费用。

For a case of retrial lodged by the people's court upon the strength of authority or protested by the people's procuratorate, the party concerned needs not to pay litigation costs.

138、委托执行，受委托人民法院不得向委托人民法院收取费用。执行中实际支出的费用，按照《人民法院诉讼收费办法》收取。

For the commissioned enforcement, the entrusted people's court may not collect fees from the entrusting people's court. The expenses actually paid for the enforcement shall be collected according to the Measures for People's Courts to Collect Litigation Costs.

九、第一审普通程序

Ordinary Procedure of First Instance

139、起诉不符合受理条件的，人民法院应当裁定不予受理。立案后发现起诉不符合受理条件的，裁定驳回起诉。

If a complaint does not comply with the requirements for acceptance, the people's court shall rule to reject the complaint. If the people's court finds that a complaint does not comply with the requirements for acceptance after putting the case on file, it shall rule to dismiss the complaint.

不予受理的裁定书由负责审查立案的审判员、书记员署名；驳回起诉的裁定书由负责审理该案的审判员、书记员署名。

A ruling of rejection shall be signed by the judge who is responsible for case-filing examination and the court clerk, and a ruling of dismissal shall be signed by the judge who is responsible for hearing the case and the court clerk.

140、当事人在诉状中有谩骂和人身攻击之词，送达副本可能引起矛盾激化，不利于案件解决的，人民法院应当说服其实事求是地修改。坚持不改的，可以送达起诉状副本。

If one party uses the words of vituperation or personal assault in the bill of complaint, and the service of a duplicate may cause the intensification of contradictions and is not good for the settlement of the case, the people's court shall persuade the party to alter the bill of complaint according to facts. If the party refuses to do so, the duplicate of the bill of complaint may be served.

141、对本院没有管辖权的案件，告知原告向有管辖权的人民法院起诉；原告坚持起诉的，裁定不予受理；立案后发现本院没有管辖权的，应当将案件移送有管辖权的人民法院。

If the people's court has no jurisdiction over a case, it shall notify the plaintiff to file the case to the competent people's court; if the plaintiff adheres to file the case with it, it shall rule to reject the case; if the people's court finds that it has no jurisdiction over the case after putting the case on file, it shall transfer the case to the competent people's court.

142、裁定不予受理、驳回起诉的案件，原告再次起诉的，如果符合起诉条件，人民法院应予受理。

Where the people's court has ruled to reject or dismiss a case, if the plaintiff files the case again, and the complaint complies with the essentials of complaint, the people's court shall accept the case.

143、原告应当预交而未预交案件受理费，人民法院应当通知其预交，通知后仍不预交或者申请减、缓、免未获人民法院批准而仍不预交的，裁定按自动撤诉处理。

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

144、当事人撤诉或人民法院按撤诉处理后，当事人以同一诉讼请求再次起诉的，人民法院应予受理。

If, after the party concerned has withdrawn an action or the people's court has taken the case as a nol pros, the party concerned files a lawsuit again for the same claims, the people's court shall accept the case.

原告撤诉或者按撤诉处理的离婚案件，没有新情况、新理由，六个月内又起诉的，可比照民事诉讼法第一百一十一条第（七）项的规定不予受理。

For a case of divorce as withdrawn by the plaintiff or taken as a nol pros, if one party files a lawsuit again within six months without new circumstances or reasons, the people's court may reject the case by referring to Article 111 (g) of the Civil Procedure Law.

145、依照民事诉讼法第一百一十一条第（二）项的规定，当事人在书面合同中订有仲裁条款，或者在发生纠纷后达成书面仲裁协议，一方向人民法院起诉的，人民法院裁定不予受理，告知原告向仲裁机构申请仲裁。但仲裁条款、仲裁协议无效、失效或者内容不明确无法执行的除外。

Where the parties concerned have voluntarily stipulated an arbitration clause in the written agreement or reached the written arbitration agreement after the dispute occurs, if one party files a lawsuit with the people's court, the people's court shall rule not to accept the case and notify the plaintiff to submit the dispute to the arbitration agency for arbitration according to Article 111 (b) of the Civil Procedure Law, unless the arbitration clause or arbitration agreement is invalid or becomes invalidated, or the contents in the arbitration clause or agreement are ambiguous and thus can not be enforced.

146、当事人在仲裁条款或协议中选择的仲裁机构不存在，或者选择裁决的事项超越仲裁机构权限的，人民法院有权依法受理当事人一方的起诉。

If the arbitration agency selected by the parties concerned in the arbitration clause or agreement does not exist, or the matters being arbitrated exceed the authority of the arbitration agency, the people's court shall be entitled to accept the lawsuit filed by one party.

147、因仲裁条款或协议无效、失效或者内容不明确，无法执行而受理的民事诉讼，如果被告一方对人民法院的管辖权提出异议的，受诉人民法院应就管辖权作出裁定。

For a civil lawsuit accepted because the arbitration clause or agreement is invalid or becomes invalidated, or the contents in the arbitration clause or arbitration agreement are ambiguous and thus can not be enforced, if the defendant challenges the jurisdiction of the people's court, the people's court with which the lawsuit is filed shall render a ruling about the jurisdiction.

148、当事人一方向人民法院起诉时未声明有仲裁协议，人民法院受理后，对方当事人又应诉答辩的，视为该人民法院有管辖权。

Where one party does not indicate that an arbitration agreement has been concluded when filing the lawsuit with the people's court, and the opposing party also files his defense with the court after the people's court has accepted the case, we will deem that this people's court has jurisdiction over the case.

149、病员及其亲属对医疗事故技术鉴定委员会作出的医疗事故结论没有意见，仅要求医疗单位就医疗事故赔偿经济损失向人民法院提起诉讼的，应予受理。

If a patient and his family have no objection to a conclusion of medical negligence as made by the technical appraisal committee of medical negligence, and only file a lawsuit with the people's court to require the medical institution to make compensation for economic losses resulting from the medical negligence, the case shall be accepted.

150、判决不准离婚、调解和好的离婚案件以及判决、调解维持收养关系的案件的被告向人民法院起诉的，不受民事诉讼法第一百一十一条第（七）规定的条件的限制。

For a case of divorce in which the judgment does not grant divorce or both parties have become reconciled after mediation and for a case of adoption in which the adjudication or mediation has been conducted to maintain the adoptive relationship, if the defendant files a lawsuit with the people's court, the conditions prescribed in Article 111 (g) of the Civil Procedure Law will not be applied.

151、夫妻一方下落不明，另一方诉至人民法院，只要求离婚，不申请宣告下落不明人失踪或死亡的案件，人民法院应当受理，对下落不明人用公告送达诉讼文书。

If the whereabouts of the husband or the wife are unknown, the other party complains to the people's court for divorce but not for declaration of the party whose whereabouts are unknown as missing or dead, the people's court shall accept the case, and serve the litigation documents on the party whose whereabouts are unknown by a public notice.

152、赡养费、扶养费、抚育费案件，裁判发生法律效力后，因新情况、新理由，一方当事人再行起诉要求增加或减少费用的，人民法院应作为新案受理。

For a case involving claims of alimonies, supports for children or elders, pension for the disabled or the family of a decedent, after the judgment has come into force, if one party files a new lawsuit for increase or reduction of expenses without any new circumstances or new reasons, the people's court shall accept the lawsuit as a new case.

153、当事人超过诉讼时效期间起诉的，人民法院应予受理。受理后查明无中止、中断、延长事由的，判决驳回其诉讼请求。

If one party files a lawsuit after expiration of the limitation of action, the people's court shall accept the case. If the people's court finds, after acceptance, that no cause for suspension, termination or postponement of the limitation of action occurs, it shall decide to reject the claims.

154、民事诉讼法第六十六条、第一百二十条所指的商业秘密，主要是指技术秘密、商业情报及信息等，如生产工艺、配方、贸易联系、购销渠道等当事人不愿公开的工商业秘密。

The “trade secrets” as mentioned in Articles 66 and 120 of the Civil Procedure Law mainly refers to technical secrets, business intelligence and information, etc., such as manufacturing techniques, formulas, business contacts, buying and selling channels and other industrial and commercial secrets the party concerned is unwilling to disclose.

155、人民法院按照普通程序审理案件，应当在开庭三日前用传票传唤当事人。对诉讼代理人、证人、鉴定人、勘验人、翻译人员应当用通知书通知其到庭。当事人或其他诉讼参与人在外地的，应留有必要的在途时间。

If the people's court hears a case according to the general procedure, it shall, three days before court session, summon the parties concerned by a subpoena, and notify the litigation representatives, witnesses, appraisers, surveyors and translators to appear in court by a notice. If any parties concerned or any other litigation participants stay in another place, the people's court shall arrange necessary time of traveling for them.

156、在案件受理后，法庭辩论结束前，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，可以合并审理的，人民法院应当合并审理。

If, after a case has been accepted but before the court debate is finalized, the plaintiff adds any claims, the defendant files a counterclaim, or the third party brings forward any claims regarding this case, and the said claims or counterclaim can be heard on a consolidated basis, the people's court shall hear them on a consolidated basis.

157、无民事行为能力人的离婚诉讼，当事人的法定代理人应当到庭；法定代理人不能到庭的，人民法院应当在查清事实的基础上，依法作出判决。

For a case of divorce involving a person of no capacity for civil conduct, his statutory agent shall appear in court; if his statutory agent can not appear in court, the people's court shall render a judgment after the facts have been ascertained.

158、无民事行为能力的当事人的法定代理人，经传票传唤无正当理由拒不到庭的，如属原告方，可以比照民事诉讼法第一百二十九条的规定，按撤诉处理；如属被告方，可以比照民事诉讼法第一百三十条的规定，缺席判决。

Where the statutory agent of one party of no capacity for civil conduct refuses to appear in court without any justifiable reasons after being summoned to do so by a subpoena, if the party is the plaintiff, the people's court may take the case as a nol pros according to Article 129 of the Civil Procedure Law; and if the party is the defendant, the people's court may render the default judgment according to Article 130 of the Civil Procedure Law.

159、有独立请求权的第三人经人民法院传票传唤，无正当理由拒不到庭的，或者未经法庭许可中途退庭的，可以对该第三人比照民事诉讼法第一百二十九条的规定，按撤诉处理。

If the third party with independent claims refuses to appear in court without any justifiable reasons after being summoned to do so by the people's court with a subpoena, or withdraws from court session midway without approval by the court, the people's court may consider that the third party has withdrawn from the case by referring to Article 129 of the Civil Procedure Law.

160、有独立请求权的第三人参加诉讼后，原告申请撤诉，人民法院在准许原告撤诉后，有独立请求权的第三人作为另案原告，原案原告、被告作为另案被告，诉讼另行进行。

If, after the third party with independent claims has participated in the litigation, the plaintiff applies for withdrawal of the case, the people's court shall, after granting the approval, take the third party with independent claims as the plaintiff of another case, and take the plaintiff and the defendant in the original case as the defendants of another case, and process with the litigation separately.

161、当事人申请撤诉或者依法可以按撤诉处理的案件，如果当事人有违反法律的行为需要依法处理的，人民法院可以不准撤诉或者不按撤诉处理。

For a case in which the plaintiff applies for withdrawal of the action or which can be taken as a nol pros, if there is any illegal act committed by one party that needs to be handled, the people's court may not approve the withdrawal or not take the case as a nol pros.

162、无独立请求权的第三人经人民法院传票传唤，无正当理由拒不到庭，或者未经法庭许可中途退庭的，不影响案件的审理。人民法院判决承担民事责任的无独立请求权的第三人，有权提起上诉。

If the third party without independent claims refuses to appear in court without any justifiable reasons after being summoned to do so by the people's court with a subpoena, or withdraws from court session midway without approval by the court, it will not affect the trial of the case. The third party without independent claims on which the people's court imposes civil liability shall be entitled to file an appeal.

163、一审宣判后，原审人民法院发现判决有错误，当事人在上诉期内提出上诉的，原审人民法院可以提出原判决有错误的意见，报送第二审人民法院，由第二审人民法院按照第二审程序进行审理；当事人不上诉的，按照审判监督程序处理。

Where, after the pronouncement in the first instance, the people's court of original instance discovers any adjudication error, if the party concerned files an appeal within the time limit for appeal, the people's court of original instance may present opinions that there is an error in the original judgment, and submit its opinions to the people's court of second instance, and the people's court of second instance will hear the case according to the procedure of second instance; if neither party concerned files an appeal, the case shall be handled according to the procedure of trial supervision.

164、民事诉讼法第一百三十五条规定的审限，是指从立案的次日起至裁判宣告、调解书送达之日止的期间，但公告期间、鉴定期间、审理当事人提出的管辖权异议以及处理人民法院之间的管辖争议期间不应计算在内。

The “time limit for concluding a trial” as prescribed in Article 135 of the Civil Procedure Law refers to the period starting from the next day after the case filing and expiring on the day after the judgment is pronounced or the mediation paper is served, excluding the duration of public notice, the duration of expert evaluation, the duration for hearing the challenge to the jurisdiction put forward by the party concerned as well as the duration for hearing the jurisdictional dispute between the people's courts.

165、一审判决书和可以上诉的裁定书不能同时送达双方当事人的，上诉期从各自收到判决书、裁定书的次日起计算。

If the judgment of first instance or the ruling for which an appeal can be filed can not be served on both parties at the same time, the time limit for appeal shall be calculated from the next day after each party has received the judgment or ruling.

166、民事诉讼法第一百四十条第一款第（七）项中的笔误是指法律文字误写、误算，诉讼费用漏写、误算和其他笔误。

The “typo” as mentioned in Article 140 (1) (g) of the Civil Procedure Law refers to the clerical error and miscalculation in a legal document, omission and miscalculation of litigation expenses as well as other clerical errors.

167、裁定中止诉讼的原因消除，恢复诉讼程序时，不必撤销原裁定，从人民法院通知或准许当事人双方继续进行诉讼时起，中止诉讼的裁定即失去效力。

When the cause for suspension of action is removed and the judicial proceeding is resumed, it is unnecessary to cancel the original ruling, and the ruling for suspension of action shall immediately become invalidated after the people's court notifies or allows both parties to proceed with the action.

十、简易程序

Summary Procedure

168、民事诉讼法第一百四十二条规定的简单民事案件中的“事实清楚”，是指当事人双方对争议的事实陈述基本一致，并能提供可靠的证据，无须人民法院调查收集证据即可判明事实、分清是非；“权利义务关系明确”，是指谁是责任的承担者，谁是权利的享有者，关系明确；“争议不大”是指当事人对案件的是非、责任以及诉讼标的争执无原则分歧。

The “clear facts” of a simple civil case as prescribed in Article 142 of the Civil Procedure Law means that both parties make basically consistent statements about the facts of a dispute and can provide reliable evidence and the people's court needs not to investigate and collect evidence for ascertaining facts and distinguishing the right and the wrong; the “definite relationship of rights and obligations” means that it is clear that who is the obligor and who is the obligee; and the “minor dispute” means that there is no difference in principle regarding the right and the wrong of the case, the responsibilities and the dispute over the subject matter of an action.

169、起诉时被告下落不明的案件，不得适用简易程序审理。

For a case in which the whereabouts of the defendant are unknown at the time of complaint, the summary procedure shall not be applicable to the hearing thereof.

170、适用简易程序审理的案件，审理期限不得延长。在审理过程中，发现案情复杂，需要转为普通程序审理的，可以转为普通程序，由合议庭进行审理，并及时通知双方当事人。审理期限从立案的次日起计算。

For a case heard according to the summary procedure, the time limit for concluding the trial shall not be postponed. If, during the course of trial, case facts are discovered as complicated, and the case needs to be heard according to the general procedure, the summary procedure may be changed into the general procedure, the case shall be heard by a collegial bench, and both parties shall be notified of it in a timely manner. The time limit for concluding the trial shall be calculated from the next day after the case filing.

171、已经按照普通程序审理的案件，在审理过程中无论是否发生了情况变化，都不得改用简易程序审理。

For a case which has been heard according to the general procedure, no matter what happens during the course of trial, the general procedure shall not be changed into the summary procedure for the case.

172、适用简易程序审理案件，人民法院应当将起诉内容，用口头或书面方式告知被告，用口头或者其他简便方式传唤当事人、证人，由审判员独任审判，书记员担任记录，不得自审自记。判决结案的，应当依照民事诉讼法第一百三十四条的规定公开宣判。

For a case which is heard according to the summary procedure, the people's court shall notify the contents of complaint to the defendant in oral or written way, and summon the parties concerned and the witness in oral or any other convenient ways, a judge will hear the case individually, the court clerk will be responsible for taking notes, and the judge shall not hear the case and take notes simultaneously. If a case is concluded by a judgment, the judgment shall be publicly pronounced according to Article 134 of the Civil Procedure Law.

173、人民法庭制作的判决书、裁定书、调解书，必须加盖基层人民法院印章，不得用人民法庭的印章代替基层人民法院的印章。

The judgments, rulings and mediation papers made by a people's court shall bear the seal of the people's court, and the seal of a people's tribunal may not be used to substitute the seal of a grassroots people's court.

174、发回重审和按照审判监督程序再审的案件，不得适用简易程序审理。

Cases remanded for new trial and cases retried according to the procedure of trial supervision shall not be heard by the summary procedure.

175、适用简易程序审理案件，卷宗中应当具备以下材料：（1）诉状或者口头起诉笔录；（2）答辩状或者口头答辩笔录；（3）委托他人代理诉讼的要有授权委托书；（4）必要的证据；（5）询问当事人笔录；（6）审理（包括调解）笔录；（7）判决书、调解书、裁定书，或者调解协议；（8）送达和宣判笔录；（9）执行情况；（10）诉讼费收据。

For a case heard by the summary procedure, the case files shall contain: (1) bill of complaint or transcripts of oral complaint; (2) bill of defense or transcripts of oral defense; (3) power of attorney in the case of a lawsuit proceeded with by an agent; (4) necessary evidence; (5) transcripts for inquiry of the parties concerned; (6) transcripts of trial (including mediation); (7) judgment, mediation paper, ruling or mediation agreement; (8) transcripts of service and pronouncement; (9) enforcement information; and (10) receipt of litigation costs.

十一、第二审程序

Procedure of Second Instance

176、双方当事人和第三人都提出上诉的，均为上诉人。

If both parties and the third party have filed their own appeals, all of them shall be deemed as the appellants.

177、必要共同诉讼人中的一人或者部分人提出上诉的，按下列情况处理：

If one or some persons of one party in a necessary joint action file an appeal, the people's court shall handle it as follows:

该上诉是对与对方当事人之间权利义务分担有意见，不涉及其他共同诉讼人利益的，对方当事人为被上诉人，未上诉的同一方当事人依原审诉讼地位列明；

If the appeal is filed against the opposing party due to an objection to the distribution of rights and obligations and does not involve the interests of any other co-litigants, the people's court shall take the opposing party as the appellee, and list other co-litigants in light of their original litigation status;

该上诉仅对共同诉讼人之间权利义务分担有意见，不涉及对方当事人利益的，未上诉的同一方当事人为被上诉人，对方当事人依原审诉讼地位列明；

If the appeal is filed due to an objection to the distribution of rights and obligations among the co-litigants, and does not involve the interests of the opposing party, the people's court shall take other co-litigants as the appellees, and list the opposing party in light of his original litigation status; and

该上诉对双方当事人之间以及共同诉讼人之间权利义务承担有意见的，未提出上诉的其他当事人均为被上诉人。

If the appeal is filed due to an objection to the distribution of rights and obligations between both parties and among the co-litigants, the people's court shall take all the other parties concerned that have not filed the appeal as the appellees.

178、一审宣判时或判决书、裁定书送达时，当事人口头表示上诉的，人民法院应告知其必须在法定上诉期间内提出上诉状。未在法定上诉期间内递交上诉状的，视为未提出上诉。

If the party concerned orally expresses his request for appeal when the pronouncement is made by the people's court of first instance or the judgment or ruling is served, the people's court shall notify that party to file a petition for appeal within the statutory time limit for appeal. If the party concerned fails to file a petition for appeal within the statutory time limit for appeal, the people's court will deem that the party concerned has not filed any appeal.

179、无民事行为能力人、限制民事行为能力人的法定代理人，可以代理当事人提起上诉。

The statutory agent of a person of no or limited capacity for civil conduct can file a lawsuit on behalf of that person.

180、第二审人民法院依照民事诉讼法第一百五十一条的规定，对上诉人上诉请求的有关事实和适用法律进行审查时，如果发现在上诉请求以外原判确有错误的，也应予以纠正。

When the people's court of second instance is reviewing relevant facts and the application of laws as appealed by the appellant according to Article 151 of the Civil Procedure Law, if it finds that there are any definite errors in the original judgment other than the claims of appeal, it shall correct these errors, either.

181、第二审人民法院发现第一审人民法院有下列违反法定程序的情形之一，可能影响案件正确判决的，应依照民事诉讼法第一百五十三条第一款第（四）项的规定，裁定撤销原判，发回原审人民法院重审：

If the people's court of second instance finds that the people's court of first instance has violated statutory procedures as follows, and which may affect the correct adjudication of the case, the people's court of second instance shall rule to cancel the original judgment according to Article 153 (1) (d) of the Civil Procedure Law and remand the case to the people's court of original trial for new trial:

审理本案的审判人员、书记员应当回避未回避的；

A judge for hearing this case or the court clerk shall recuse himself but fails to do so;

未经开庭审理而作出判决的；

The judgment is rendered without court session;

适用普通程序审理的案件当事人未经传票传唤而缺席判决的；

The default judgment is rendered without summon of the party concerned by a subpoena for a case heard according to the general procedure; or

其他严重违反法定程序的。

Any other serious violation of statutory procedures.

182、对当事人在一审中已经提出的诉讼请求，原审人民法院未作审理、判决的，第二审人民法院可以根据当事人自愿的原则进行调解，调解不成的，发回重审。

For the claims put forward by the party concerned in the first instance, if the people's court of original instance fails to hear them and render a judgment for them, the people's court of second instance can conduct mediation on the principle of free will of the parties concerned. If the parties concerned can not reach unanimity through mediation, the case shall be remanded for new trial.

183、必须参加诉讼的当事人在一审中未参加诉讼，第二审人民法院可以根据当事人自愿的原则予以调解，调解不成的，发回重审。发回重审的裁定书不列应当追加的当事人。

If the party concerned that must participate in litigation fails to do so in the first instance, the people's court of second instance may conduct mediation on the principle of free will of the parties concerned; and shall remand the case for new trial if the parties concerned can not reach unanimity through mediation. The ruling about remanding the case for new trial needs not to list the party that shall be added.

184、在第二审程序中，原审原告增加独立的诉讼请求或原审被告提出反诉的，第二审人民法院可以根据当事人自愿的原则就新增加的诉讼请求或反诉进行调解，调解不成的，告知当事人另行起诉。

In the procedure of second instance, if the plaintiff of original instance adds any independent claims or the defendant of original instance files a counterclaim, the people's court of second instance may conduct mediation regarding the newly added claims or counterclaim on the principle of free will of the parties concerned. If the parties concerned can not reach unanimity through mediation, the people's court shall notify the party concerned to file a new lawsuit.

185、一审判决不准离婚的案件，上诉后，第二审人民法院认为应当判决离婚的，可以根据当事人自愿的原则，与子女抚养、财产问题一并调解，调解不成的，发回重审。

For a case for which the judgment of first instance disapproves the divorce, if, after the appeal, the people's court of second instance holds that a judgment on approval of divorce shall be rendered, it may, on the principle of free will of the parties concerned, conduct mediation together with the issues concerning the bring-up of children and the distribution of properties. If the parties concerned can not reach unanimity through mediation, the people's court shall remand the case for new trial.

186、人民法院依照第二审程序审理的案件，认为依法不应由人民法院受理的，可以由第二审人民法院直接裁定撤销原判， 驳回起诉。

For a case heard by the procedure of second instance, if the people's court holds that the case shall not be accepted by a people's court, the people's court of second instance can directly rule to cancel the original judgment and dismiss the complaint.

187、第二审人民法院查明第一审人民法院作出的不予受理裁定有错误的，应在撤销原裁定的同时，指令第一审人民法院立案受理；查明第一审人民法院作出的驳回起诉裁定有错误的，应在撤销原裁定的同时，指令第一审人民法院进行审理。

If the people's court of second instance finds that it is wrong for the people's court of first instance to render the ruling of rejection, it shall, when canceling the original ruling, direct the people's court of first instance to put the case on file and accept it; and if the people's court of second instance finds that it is wrong for the people's court of first instance to render the ruling of dismissal, it shall, when canceling the original ruling, direct the people's court of first instance to hear the case.

188、第二审人民法院对下列上诉案件，可以依照民事诉讼法第一百五十二条的规定迳行判决、裁定：

For the following cases of appeal, the people's court of second instance may render direct judgments or rulings without court sessions according to Article 152 of the Civil Procedure Law:

一审就不予受理、驳回起诉和管辖权异议作出裁定的案件；

Cases in which the rulings of first instance are rendered for the rejection of complaint, the dismissal of complaint or the challenge to the jurisdiction;

当事人提出的上诉请求明显不能成立的案件；

Cases in which the claims of appeal brought forward by the party concerned obviously can not be established;

原审裁判认定事实清楚，但适用法律错误的案件。

Cases in which the facts are clearly ascertained but the laws are incorrectly applied in the judgment of original instance; and

原判决违反法定程序，可能影响案件正确判决，需要发回重审的案件。

Cases that need to be remanded for new trial because their original adjudication does not comply with statutory procedures, and which may affect the correct decision.

189、在第二审程序中，作为当事人的法人或者其他组织分立的，人民法院可以直接将分立后的法人或者其他组织列为共同诉讼人；合并的，将合并后的法人或者其他组织列为当事人。不必将案件发还原审人民法院重审。

If, in the procedure of second instance, the legal person or other organization as the party concerned is split off, the people's court may directly take the legal persons or other organizations after the split-off as the co-litigants; in the case of amalgamation, the people's court may take the legal person or other organization after amalgamation as the party concerned, and needs not to remand the case to the people's court of original trial for new trial.

190、在第二审程序中，当事人申请撤回上诉，人民法院经审查认为一审判决确有错误，或者双方当事人串通损害国家和集体利益、社会公共利益及他人合法权益的，不应准许。

If, in the procedure of second instance, the party concerned applies for withdrawal of the appeal, the people's court holds upon review that there exist any definite errors in the judgment of first instance, or both parties collude to damage the interests of the State or the collective, social interests or the legitimate rights and interests of another person, the people's court shall not approve the withdrawal.

191、当事人在二审中达成和解协议的，人民法院可以根据当事人的请求，对双方达成的和解协议进行审查并制作调解书送达当事人；因和解而申请撤诉，经审查符合撤诉条件的，人民法院应予准许。

If the parties reach a mediation agreement in the second instance, the people's court may, upon request of the parties concerned, review the mediation agreement reached by both parties and make a mediation paper and serve it on the parties concerned; if the action is withdrawn due to mediation, the people's court shall approve the withdrawal if the conditions for withdrawal of an action are complied with upon review.

192、第二审人民法院宣告判决可以自行宣判，也可以委托原审人民法院或者当事人所在地人民法院代行宣判。

The people's court of second instance may pronounce a judgment on its own, or may entrust it to the people's court of original trial or the people's court at the domicile of the party concerned.

十二、特别程序

XII Special Procedure

193、在诉讼中，当事人的利害关系人提出该当事人患有精神病，要求宣告该当事人无民事行为能力或限制民事行为能力的，应由利害关系人向人民法院提出申请，由受诉人民法院按照特别程序立案审理，原诉讼中止。

If, in the litigation, an interested person of one party claims that the party is suffering from a mental disease and requests to announce him as a person of no or limited capacity for civil conduct, the interested party shall file an application with the people's court, and the people's court shall put the case on file for trial according to the special procedure, and the original action shall be terminated.

194、宣告失踪或者宣告死亡案件，人民法院可以根据申请人的请求，清理下落不明人的财产，指定诉讼期间的财产管理人。公告期满后，人民法院判决宣告失踪的，应同时依照民法通则第二十一条第一款的规定指定失踪人的财产代管人。

For a case concerning the declaration of missing or death, the people's court may, upon request of the applicant, clean up the properties of the person whose whereabouts are unknown, and designate a property administrator for the duration of action. After expiration of the term of public notice, if the people's court decides to declare the missing, it shall simultaneously designate a property administrator for the missing person according to Article 21 (1) of the General Principles of the Civil Law.

195、失踪人的财产代管人经人民法院指定后，代管人申请变更代管的，比照民事诉讼法特别程序的有关规定进行审理。申请有理的，裁定撤销申请人的代管人身份，同时另行指定财产代管人；申请无理的，裁定驳回申请。失踪人的其他利害关系人申请变更代管的，人民法院应告知其以原指定的代管人为被告起诉，并按普通程序进行审理。

If, after the property administrator has been designated by the people's court for a missing person, the administrator applies for change, the application shall be heard according to the relevant provisions on the special procedure in the Civil Procedure Law. If the application is reasonable, the court shall rule to cancel the applicant's status as the administrator, and simultaneously designate another property administrator; if the application is unreasonable, the court shall rule to reject the application. If another interested party of the missing person applies for change of the property administrator, the people's court shall notify him to file a lawsuit against the original property administrator, and the case shall be heard according to the general procedure.

196、人民法院判决宣告公民失踪后，利害关系人向人民法院申请宣告失踪人死亡，从失踪的次日起满四年的，人民法院应当受理，宣告失踪的判决即是该公民失踪的证明，审理中仍应依照民事诉讼法第一百六十八条的规定进行公告。

If, after the people's court has adjudicated to declare the missing of a citizen, the interested person thereof applies to the people's court for declaration of the death of the missing person, and there are four years or more from the next day of missing, the people's court shall accept the application, the judgment for declaration of missing shall be the proof to prove the missing of the citizen, and the people's court shall also make a public notice according to Article 168 of the Civil Procedure Law.

197、认定财产无主案件，公告期间有人对财产提出请求，人民法院应裁定终结特别程序，告知申请人另行起诉，适用普通程序审理。

For a case of holding a property unclaimed, if there is someone who brings forward any claims regarding the property during the term of public notice, the people's court shall rule to conclude the special procedure, and notify the applicant to file a new lawsuit. And the case shall be heard according to the general procedure.

198、被指定的监护人不服指定，应当在接到通知的次日起三十日内向人民法院起诉。经审理，认为指定并无不当的，裁定驳回起诉；指定不当的，判决撤销指定，同时另行指定监护人。判决书应送达起诉人、原指定单位及判决指定的监护人。

If the designated guardian does not accept the designation, he shall file a lawsuit with the people's court within 30 days from the next day after receipt of the notice. Upon trial, if the court holds that the designation is proper, it shall rule to reject the complaint; if the court holds that the designation is improper, it shall decide to cancel the designation, simultaneously designate a new guardian; and serve the judgment on the plaintiff, the original designator, and the guardian newly designated in the judgment.

十三、审判监督程序

XIII. Procedure of Trial Supervision

199、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，经审判委员会讨论决定再审的，应当裁定中止原判决、裁定的执行。

If the president of a people's court at any level finds some definite errors in a legally effective judgment or ruling rendered by his court, and the judicial committee decides to retry the case upon discussion, the court shall rule to terminate the enforcement of the original judgment or ruling.

200、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，如果发现确有错误，应在提审或者指令下级人民法院再审的裁定中同时写明中止原判决、裁定的执行；情况紧急的，可以将中止执行的裁定口头通知负责执行的人民法院，但应在口头通知后十日内发出裁定书。

If the Supreme People's Court finds some definite errors in a legally effective judgment or ruling rendered by a local people's court at any level, or if a people's court at a higher level finds some definite errors in a legally effective judgment or ruling of a people's court at a lower level, the Supreme People's Court or the people's court at the higher level shall also indicate the termination of the enforcement of the original judgment or ruling in the ruling about bringing the case up for retrial by itself or directing the people's court at a lower level to conduct a retrial; and may notify the ruling about termination of enforcement to the people's court in charge of enforcement in oral way if the circumstance is urgent; however, a written ruling shall be sent out within ten days after the oral notice.

201、按审判监督程序决定再审或提审的案件，由再审或提审的人民法院在作出新的判决、裁定中确定是否撤销、改变或者维持原判决、裁定；达成调解协议的，调解书送达后，原判决、裁定即视为撤销。

For a case which is brought up for retrial by a court itself or directed to a people's court at a lower level for retrial according to the procedure of trial supervision, the people's court that retries the case or brings the case up for retrial by itself will decide whether or not cancel, change or maintain the original judgment or ruling in the new judgment or ruling; if a mediation agreement is reached, the original judgment or ruling shall be regarded as cancelled after the mediation paper is served.

202、由第二审人民法院判决、裁定的案件，上级人民法院需要指令再审的，应当指令第二审人民法院再审。

For a case decided or ordered by a people's court of second instance, if the people's court at a higher level needs to direct the case for retrial, it shall direct the people's court of second instance for retrial.

203、无民事行为能力人、限制民事行为能力人的法定代理人，可以代理当事人提出再审申请。

The statutory agent of a person of no or limited capacity for civil conduct may file an application for retrial on behalf of the party concerned.

204、当事人对已经发生法律效力的调解书申请再审，适用民事诉讼法第一百八十二条的规定，应在该调解书发生法律效力后二年内提出。

If the party concerned applies for retrial of a legally effective mediation paper, Article 182 of the Civil Procedure Law shall be applied and the application shall be filed within two years after the effectiveness of the mediation paper.

205、当事人可以向原审人民法院申请再审，也可以向上一级人民法院申请再审。向上一级人民法院申请再审的，上级人民法院经审查认为符合民事诉讼法第一百七十九条规定条件的，可以指令下级人民法院再审，也可以提审。

The party concerned may apply for retrial either to the people's court of original instance or to the people's court at a higher level. If the party concerned applies for retrial to the people's court at a higher level, the people's court at a higher level holds upon review that the application complies with the conditions prescribed in Article 179 of the Civil Procedure Law, it may either direct the people's court at a lower level for retrial or may bring up the case for retrial by itself.

206、人民法院接到当事人的再审申请后，应当进行审查。认为符合民事诉讼法第一百七十九条规定的，应当在立案后裁定中止原判决的执行，并及时通知双方当事人；认为不符合第一百七十九条规定的，用通知书驳回申请。

After the people's court has received an application for retrial filed by the party concerned, it shall conduct review. If it holds that the application complies with Article 179 of the Civil Procedure Law, it shall rule to terminate the enforcement of the original judgment after putting the case on file, and timely notify both parties; and if it holds that the application does not comply with Article 179 of the Civil Procedure Law, it shall reject the application by a written notice.

207、按照督促程序、公示催告程序、企业法人破产还债程序审理的案件以及依照审判监督程序审理后维持原判的案件，当事人不得申请再审。

For a case heard according to the procedure for hastening debt recovery, the procedure of public summons for exhortation or the procedure of bankruptcy liquidation of enterprise legal person, or a case whose original judgment is sustained after the procedure of trial supervision, the parties concerned shall not file an application for retrial any more.

208、对不予受理、驳回起诉的裁定，当事人可以申请再审。

For the ruling of rejection or dismissal of a complaint, the parties concerned may apply for retrial.

209、当事人就离婚案件中的财产分割问题申请再审的，如涉及判决中已分割的财产，人民法院应依照民事诉讼法第一百七十九条的规定进行审查，符合再审条件的，应立案审理；如涉及判决中未作处理的夫妻共同财产，应告知当事人另行起诉。

Where the party concerned applies for retrial regarding the division of properties in a case of divorce, if the application is filed for the properties that have been divided in the judgment, the people's court shall examine the application according to Article 179 of the Civil Procedure Law; and shall put the case on file for trial if the conditions for retrial are complied with; or shall notify the party concerned to file a new lawsuit if the application is filed for the community properties that have not been dealt with in the judgment.

210、人民法院提审或按照第二审程序再审的案件，在审理中发现原一、二审判决违反法定程序的，可分别情况处理：

If the people's court brings a case up for retrial by itself or retries a case according to the procedure of second instance, and finds in the trial that the adjudication in the original first or second instance violates statutory procedures, it may deal with the case respectively in light of the specific circumstances:

认为不符合民事诉讼法规定的受理条件的，裁定撤销一、二审判决，驳回起诉。

If the people's court holds that the conditions for acceptance as prescribed in the Civil Procedure Law are not complied with, it shall rule to cancel the judgment of first or second instance, and reject the complaint; or

具有本意见第 181 条规定的违反法定程序的情况，可能影响案件正确判决、裁定的，裁定撤销一、二审判决，发回原审人民法院重审。

For a violation of statutory procedures prescribed in Article 181 of these Opinions, if which may affect the correct decision or ruling of the case, the people's court shall rule to cancel the judgment of first or second instance, and remand the case to the people's court of original instance for new trial.

211、依照审判监督程序再审的案件，人民法院发现原一、二审判决遗漏了应当参加的当事人的，可以根据当事人自愿的原则予以调解，调解不成的，裁定撤销一、二审判决，发回原审人民法院重审。

For a case retried according to the procedure of trial supervision, if the people's court finds that the judgment of original first or second instance omits any parties concerned that shall participate in the adjudication, it may conduct mediation on the principle of free will of the parties concerned; and if the parties concerned can not reach unanimity through mediation, the people's court shall rule to cancel the judgment of first or second instance, and remand the case to the people's court of original instance for new trial.

212、民事诉讼法第一百八十二条中的二年为不变期间，自判决、裁定发生法律效力次日起计算。

The “two years” prescribed in Article 182 of the Civil Procedure Law is a fixed term, and shall be calculated from the next day after the judgment or ruling comes into force.

213、再审案件按照第一审程序或者第二审程序审理的，适用民事诉讼法第一百三十五条、第一百五十九条规定的审限。审限自决定再审的次日起计算。

For a retrial case that will be heard according to the procedure of first or second instance, the time limit for concluding trial prescribed in Article 135 or 159 shall be correspondingly applied. The time limit for concluding trial shall be calculated from the next day after the decision of retrial is made.

214、本意见第 192 条的规定适用于审判监督程序。

The provisions in Article 192 of these Opinions shall apply to the procedure of trial supervision.

十四、督促程序

XIV Procedure for Hastening Debt Recovery

215、债权人向人民法院申请支付令，符合下列条件的，人民法院应予受理，并在收到申请后五日内通知债权人：

If a creditor applies to the people's court for a pay warrant and the application complies with the following conditions, the people's court shall accept the application and notify the creditor within five days after receipt of the application:

请求给付金钱或汇票、本票、支票以及股票、债券、国库券、可转让的存款单等有价证券的；

Request for payment or delivery of money, money order, cashier's check, check, stocks, bonds, treasury bonds, transferable certificates of deposit, and other securities;

请求给付的金钱或者有价证券已到期且数额确定，并写明了请求所根据的事实、证据的；

The money or securities to be paid or delivered upon request have expired and the amount thereof is certain, and the facts and evidence on which the request is based have been clarified;

债权人没有对待给付义务的；

The creditor has no obligation for reciprocal payment against delivery; and

支付令能够送达债务人的。 不符合上述条件的，通知不予受理。

The pay warrant can be served on the debtor.

216、人民法院受理申请后，由审判员一人进行审查。经审查申请不成立的，应当在十五日内裁定驳回申请，该裁定不得上诉。

If the application does not comply with any of the aforesaid conditions, the people's court shall notify the applicant of the rejection.

217、在人民法院发出支付令前，申请人撤回申请的，应当裁定终结督促程序。

After the people's court has accepted an application, one judge thereof will examine the application. If the application is not established upon examination, it shall be rejected by a ruling within 15 days, and no appeal may be filed for the said ruling.

218、债务人不在我国境内的，或者虽在我国境内但下落不明的，不适用督促程序。

If an applicant cancels his application before the people's court sends out a pay warrant, the procedure for hastening debt recovery shall be ruled as completed. If the debtor does not stay within the territory of China or his whereabouts are unknown even though he stays within the territory of China, the procedure for hastening debt recovery shall not be applied.

219、支付令应记明以下事项：

A pay warrant shall contain:

债权人、债务人姓名或名称等基本情况；

Names or titles and other basic information of both the creditor and the debtor;

债务人应当给付的金钱、有价证券的种类、数量；

Type and quantity of money or securities the debtor shall pay or deliver;

清偿债务或者提出异议的期限；

Term for settlement of debts or presentation of objections; and

债务人在法定期间不提出异议的法律后果。 支付令由审判员、书记员署名，加盖人民法院印章。

Legal consequence if the debtor does not present an objection within the statutory term.

220、向债务人本人送达支付令，债务人拒绝接收的，人民法院可以留置送达。

A pay warrant shall bear the signatures of the judge and the court clerk, as well as the seal of the people's court.

221、依照民事诉讼法第一百九十二条的规定，债务人在法定期间提出书面异议的，人民法院无须审查异议是否有理由，应当直接裁定终结督促程序。债务人对债务本身没有异议，只是提出缺乏清偿能力的，不影响支付令的效力。

For the service of a pay warrant on the debtor himself, if the debtor refuses to accept the order, the people's court may leave the rejected order at the abode of the debtor. If the debtor presents a written objection within the statutory term according to Article 192 of the Civil Procedure Law, the people's court needs not to review whether the objection is reasonable and shall directly order the conclusion of the procedure for hastening debt recovery. If the debtor does not present the objection regarding the debts themselves but only states his inability to make payment, the validity of the pay warrant will not be affected.

债务人的口头异议无效。

The oral objection presented by the debtor will be invalid.

222、民事诉讼法第一百九十一条驳回支付令申请的裁定书和第一百九十二条终结督促程序的裁定书，由审判员、书记员署名，加盖人民法院印章。

A ruling for rejection of the application for a pay warrant according to Article 191 of the Civil Procedure Law and the ruling for conclusion of the procedure for hastening debt recovery according to Article 192 of the Civil Procedure Law shall bear the signatures of the judge and the court clerk, as well as the seal of the people's court.

223、债务人在收到支付令后，不在法定期间提出书面异议，而向其他人民法院起诉的，不影响支付令的效力。

If the debtor does not present any written objection within the statutory term after receipt of a pay warrant but files a lawsuit with the people's court, the validity of the pay warrant will not be affected.

224、督促程序终结后，债权人起诉的，由有管辖权的人民法院受理。

If the creditor files a lawsuit after conclusion of the procedure for hastening debt recovery, the competent people's court shall accept the case.

225、债权人向人民法院申请执行支付令的期限，适用民事诉讼法第二百一十九条的规定。

The term for a creditor to apply to the people's court for the enforcement of a pay warrant shall be governed by the provisions in Article 219 of the Civil Procedure Law.

十五、公示催告程序

Procedure of Public Summons for Exhortation

226、民事诉讼法第一百九十三条规定的票据持有人，是指票据被盗、遗失或者灭失前的最后持有人。

The “holder of a bill” prescribed in Article 193 of the Civil Procedure Law refers to the final holder of the bill before the bill is stolen, lost or destroyed.

227、人民法院收到公示催告的申请后，应当立即审查，并决定是否受理。经审查认为符合受理条件的，通知予以受理，并同时通知支付人停止支付；认为不符合受理条件的，七日内裁定驳回申请。

After receipt of an application for public summons, the people's court shall review the application promptly, and decide whether or not to accept the application. If the application is reviewed as consistent with the conditions for acceptance, the people's court shall notify the applicant of the acceptance, and simultaneously notify the payer to stop the payment; and if the application is reviewed as inconsistent with the conditions for acceptance, the people's court shall rule to reject the application within seven days.

228、人民法院依照民事诉讼法第一百九十四条规定发出的受理申请的公告，应写明以下内容：

An announcement on acceptance of the application as sent out by the people's court according to Article 194 of the Civil Procedure Law shall contain:

公示催告申请人的姓名或名称；

Name or title of the application for pubic summons;

票据的种类、票面金额、发票人、持票人、背书人等；

Type, par value, issuer, holder and endorser of the bill;

申报权利的期间；

Term for declaration of rights; and

在公示催告期间转让票据权利、利害关系人不申报的法律后果。

Legal consequences for the transfer of the rights to the bill and the failure of an interested person to make declaration during the term of public summons.

229、公告应张贴于人民法院公告栏内，并在有关报纸或其他宣传媒介上刊登；人民法院所在地有证券交易所的，还应张贴于该交易所。

An announcement shall be posted on the people's court's bulletin board, and be published on the relevant newspaper or other media. If there is a stock exchange at the locality of the people's court, the announcement shall be posted also in the said stock exchange.

230、利害关系人在公示催告期间向人民法院申报权利的，人民法院应当裁定终结公示催告程序。利害关系人在申报期届满后，判决作出之前申报权利的，同样应裁定终结公示催告程序。

If an interested party declares rights to the people's court during the term of public summons, the people's court shall rule to conclude the procedure of public summons for exhortation. If an interested party declares rights after expiration of the term of declaration but before rendering of the judgment, the people's court shall also rule to conclude the procedure of public summons for exhortation.

231、利害关系人申报权利，人民法院应通知其向法院出示票据，并通知公示催告申请人在指定的期间察看该票据。公示催告申请人申请公示催告的票据与利害关系人出示的票据不一致的，人民法院应当裁定驳回利害关系人的申报。

If an interested person declares his rights, the people's court shall notify him to present the bill to itself, and notify the applicant for public summons to check the bill within the designated term. If the bill for which the applicant applies for public summons is inconsistent with the one presented by the interested person, the people's court shall rule to reject the declaration of the interested person.

232、在申报权利的期间没有人申报的，或者申报被驳回的，公示催告申请人应自申报权利期间届满的次日起一个月内申请人民法院作出判决。逾期不申请判决的，终结公示催告程序。

Where there is no declarer within the term for declaration of rights or the declaration is rejected, the applicant for public summons shall apply to the people's court for rendering a judgment within one month from the next day after expiration of the term for declaration of rights; otherwise, the procedure of public summons for exhortation shall be finalized.

233、判决生效后，公示催告申请人有权依据判决向付款人请求付款。

After the judgment comes into effect, the applicant for public summons shall be entitled to claim payment from the payer based on the judgment.

234、适用公示催告程序审理案件，可由审判员一人独任审理；判决宣告票据无效的，应当组成合议庭审理。

A case heard according to the procedure of public summons for exhortation can be adjudicated by a sole judge. The case in which the bill is declared as invalid shall be heard by a collegial bench.

235、公示催告申请人撤回申请，应在公示催告前提出；公示催告期间申请撤回的，人民法院可以迳行裁定终结公示催告程序。

If an applicant for public summons cancels his application, he shall apply for the cancellation before public summons. If the applicant applies for cancellation during the term of public summons, the people's court can directly rule to finalize the procedure of public summons for exhortation.

236、人民法院依照民事诉讼法第一百九十四条规定通知支付人停止支付，应符合有关财产保全的规定。支付人收到停止支付通知后拒不止付的，除可依照民事诉讼法第一百零二条，第一百零三条规定采取强制措施外，在判决后，支付人仍应承担支付义务。

If the people's court notifies a payer to stop the payment according to Article 194 of the Civil Procedure Law, it shall comply with the provisions on property preservation. If the payer refuses to stop the payment after receipt of the notice on suspension of the payment, it shall also assume the payment obligation after adjudication, in addition to the compulsory measures adopted according to Articles 102 and 103 of the Civil Procedure Law.

237、人民法院依据民事诉讼法第一百九十六条规定终结公示催告程序后，公示催告申请人或者申报人向人民法院提起诉讼的，依照民事诉讼法第二十七条的规定确定管辖。

If, after the people's court finalizes the procedure of public summons for exhortation according to Article 196 of the Civil Procedure Law, an applicant for public summons or the declarer files a lawsuit with the people's court, the jurisdiction shall be determined according to Article 27 of the Civil Procedure Law.

238、民事诉讼法第一百九十六条终结公示催告程序的裁定书，由审判员、书记员署名，加盖人民法院印章。

The ruling on finalization of the procedure of public summons for exhortation prescribed in Article 196 of the Civil Procedure Law shall bear the signatures of the judge and the court clerk as well as the seal of the people's court.

239、依照民事诉讼法第一百九十八条的规定，利害关系人向人民法院起诉的，人民法院可按票据纠纷适用普通程序审理。

If an interested person files a lawsuit with the people's court according to Article 198 of the Civil Procedure Law, the people's court may hear the case as a dispute over a bill according to the general procedure.

十六、企业法人破产还债程序

Procedure of Bankruptcy Liquidation of an Enterprise Legal Person

240、具有法人资格的集体企业、联营企业、私人企业以及设在中国领域内的中外合资经营企业、中外合作经营企业和外资企业等，适用企业法人破产还债程序。联营企业中的联营各方均为全民所有制企业的，该联营企业的破产不适用企业法人破产还债程序。

Collective enterprises, jointly operated enterprises, private enterprises with the status of legal persons, as well as the Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and wholly foreign-funded enterprises, etc. within the territory of China shall be governed by the procedure of bankruptcy liquidation of an enterprise legal person. If all the parties to a jointly operated enterprise are wholly state-owned enterprises, the bankruptcy of the said jointly operated enterprise shall not be governed by the procedure of bankruptcy liquidation of an enterprise legal person.

241、债权人就其抵押物或者其他担保物享有优先受偿权。抵押权人或者其他担保物权人在破产还债案件受理后至破产宣告前请求优先受偿的，应经人民法院准许。

Creditors shall have the priority of compensation to the object under mortgage or other secured object. If the mortgagee or any other holder of mortgage rights claims for the priority of compensation after the case of bankruptcy liquidation has been accepted but before the bankruptcy is announced, it shall be subject to approval by the people's court.

抵押物或者其他担保物的价款不足其所担保的债务数额的，其差额部分列为破产债权。

If the money converted from the object under mortgage or other secured object is insufficient for the amount of secured debts, the balance shall be taken as the credits of bankrupt.

242、人民法院受理破产案件后，应当组成合议庭进行审理。

After the people's court has accepted a bankruptcy case, it shall form a collegial bench for hearing the case.

243、人民法院依照民事诉讼法第二百条发出的破产公告，应当在报纸上刊登，公告中应当写明下列内容：

The bankruptcy notice as sent out according to Article 200 of the Civil Procedure Law shall be published on the newspapers and contain:

立案时间；

Time for putting the case on file;

破产案件的债务人；

Debtor of the bankruptcy case;

申报债权的期限、地点和逾期未报的法律后果；

Time limit and place for declaration of creditor's rights, as well as the legal consequences for the failure to make declaration within the time limit; and

第一次债权人会议召开的日期、地点。

Date and place for holding of the first assembly of creditors.

244、人民法院受理破产申请后，对债务人的其他民事执行程序、财产保全程序必须中止。

After the people's court has accepted a bankruptcy application, other civil procedures for enforcement and the procedure of property preservation against the debtor shall be terminated.

245、人民法院受理破产案件后，应当及时通知债务人的开户银行停止办理债务人的结算业务。开户银行支付维持债务人正常生产经营所必需的费用，应经人民法院许可。

After the people's court has accepted a bankruptcy case, it shall timely notify the depository bank of the debtor to stop the settlement businesses of the debtor. The payment of expenses by the depository bank to the debtor for maintenance of its normal production and business operation shall be subject to approval by the people's court.

246、依照民事诉讼法第二百零一条的规定，人民法院组织成立破产清算组织的，破产财产处理和分配方案由破产清算组织提出，经债权人会议讨论通过，报请人民法院裁定后执行。

If the people's court organizes and forms a bankruptcy liquidation group according to Article 201 of the Civil Procedure Law, the scheme for disposal and distribution of insolvent properties shall be brought forward by the bankruptcy liquidation group, be discussed and adopted at the assembly of creditors, and be enforced after being reported to the people's court for ruling.

247、债权人会议讨论通过破产财产的处理和分配方案，应由出席会议的有表决权的债权人的过半数通过，并且其所代表的债权额必须占无财产担保债权总额的半数以上；讨论通过和解协议草案，必须占无财产担保债权总额的三分之二以上。

The scheme for disposal and distribution of insolvent properties as discussed and adopted at the assembly of creditors shall be adopted by the majority of creditors attending the assembly and having the voting right, and the amount of creditor's rights they represent must account for 50% or more of the total creditor's rights not secured by properties; and the draft of the reconciliation agreement shall be discussed and adopted by 2/3 or more of the total creditor's rights not secured by properties.

248、民事诉讼法第二百条规定的和解协议，应当具备以下内容：

The “reconciliation agreement” prescribed in Article 200 of the Civil Procedure Law shall contain:

清偿债务的财产来源；

Sources of properties for settlement of debts;

清偿债务的办法；

Methods for settlement of debts; and

清偿债务的期限。

Time limit for settlement of debts.

249、清算组织在对破产财产进行保管、清理、估价、处理和分配过程中，应向人民法院负责并报告工作，接受人民法院和债权人会议的监督。

The liquidation group shall be responsible for and give reports to the people's court during the course of keeping, liquidating, evaluating, disposing of and distributing insolvent properties, and be subject to the supervision of the people's court and the assembly of creditors.

250、破产财产分配完毕，由破产清算组织提请人民法院裁定终结破产程序。破产程序终结后，未得到清偿的债权不再清偿。

After the distribution of insolvent properties has been completed, the bankruptcy liquidation group shall request the people's court to order the conclusion of the bankruptcy procedure. After the bankruptcy procedure is finalized, the unliquidated creditor's rights will not be settled any more.

251、破产程序终结后，由破产清算组织向破产企业原登记机关办理注销登记。

After conclusion of the bankruptcy procedure, the bankruptcy liquidation group will go through the formalities for deregistration of the bankrupt enterprise at the original registration organ.

252、破产还债案件，一律用裁定；当事人除对驳回破产申请的裁定可以上诉外，对其他裁定不准上诉。

Rulings shall be exclusively used for the cases of bankruptcy liquidation. One party can not file an appeal for any other rulings except for the ruling for rejection of an application for bankruptcy.

253、人民法院审理破产还债案件，除适用民事诉讼法第十九章的规定外，并可参照《中华人民共和国企业破产法（试行）》的有关规定。

When the people's court hears a case of bankruptcy liquidation, in addition to the provisions in Chapter XIX of the Civil Procedure Law, the relevant provisions in the Enterprise Bankruptcy Law of the People's Republic of China (for Trial Implementation) may be applies by analogy.

十七、执行程序

Procedure of Enforcement

254、强制执行的标的应当是财物或者行为。当事人拒绝履行发生法律效力的判决、裁定、调解书、支付令的，人民法院应向当事人发出执行通知。在执行通知指定的期间被执行人仍不履行的，应当强制执行。

The object of compulsory enforcement shall be a property or act. If the party concerned refuses to enforce a legally effective judgment, ruling, mediation paper, or pay warrant, the people's court shall send out a notice of enforcement to the party concerned. If the person against whom a judgment or ruling, etc. is being executed (hereinafter referred to as the “person subject to enforcement”) still fails to enforce the judgment or ruling, etc. within the time limit designated in the notice of enforcement, the compulsory enforcement shall be carried out.

255、发生法律效力的支付令，由制作支付令的人民法院负责执行。

A legally effective pay warrant shall be enforced by the people's court that made it.

256、民事诉讼法第二百零七条第二款规定的由人民法院执行的其他法律文书，包括仲裁裁决书、公证债权文书。

“Other legal documents enforced by people's courts” as prescribed in Article 207 (2) of the Civil Procedure Law includes arbitration awards and notarized certifications of creditor's rights.

其他法律文书由被执行人住所地或者被执行人的财产所在地人民法院执行；当事人分别向上述人民法院申请执行的，由最先接受申请的人民法院执行。

Other legal documents shall be enforced by the people's court at the place where the person subject to enforcement is domiciled or where his property is located. If both parties separately apply for enforcement to people's courts, the people's court that firstly accepted the application shall be responsible for enforcement.

257、民事诉讼法第二百零八条规定的中止执行，应当限于案外人依该条规定提出异议部分的财产范围。对被执行人的其他财产，不应中止执行。异议理由不成立的，通知驳回。

The “suspension of enforcement” as prescribed in Article 208 of the Civil Procedure Law shall be limited to the scope of properties to which an objection is brought forward by a party not involved in the case according to this Article. The suspension of enforcement shall not be applicable to other properties of the person subject to enforcement. If the grounds for the objection are not established, the people's court shall give a notice to dismiss the objection.

258、执行员在执行本院的判决、裁定和调解书时，发现确有错误的，应当提出书面意见，报请院长审查处理。在执行上级人民法院的判决、裁定和调解书时，发现确有错误的，可提出书面意见，经院长批准，函请上级人民法院审查处理。

If enforcers find any definite errors when enforcing a judgment, ruling or mediation paper made by their own court, they shall put forward written opinions and report them to the president of the court for review and disposal. If enforcers find any definite errors when enforcing a judgment, ruling or mediation paper made by the people's court at a higher level, they can put forward written opinions and ask by a letter the people's court at the higher level for review and disposal upon approval of the president of their own court.

259、被执行人、被执行的财产在外地的，负责执行的人民法院可以委托当地人民法院代为执行，也可以直接到当地执行。直接到当地执行的，负责执行的人民法院可以要求当地人民法院协助执行。当地人民法院应当根据要求协助执行。

If a person or property subject to enforcement is in another locality, the people's court responsible for enforcement can either entrust the people's court in that locality for the enforcement or directly go to that locality for the enforcement by itself. In the case of the latter, the people's court responsible for enforcement can request the local people's court for assistance in enforcement. The local people's court shall offer assistance as required.

260、委托执行，委托人民法院应当出具委托函和生效的法律文书（副本）。委托函应当提出明确的执行要求。

For the enforcement by mandate, the entrusted people's court shall issue a power of attorney and the effective legal document (duplicate). The power of attorney shall contain a definite request for the enforcement.

261、受委托人民法院在接到委托函后，无权对委托执行的生效的法律文书进行实体审查；执行中发现据以执行的法律文书有错误的，受委托人民法院应当及时向委托人民法院反映。

After receipt of the power of attorney, the entrusted people's court has no power to conduct substantive review of the effective legal document to be enforced by mandate. If the entrusted people's court finds in the enforcement any errors herein, it shall feed the errors back to the entrusting people's court in a timely manner.

262、受委托人民法院应当严格按照生效法律文书的规定和委托人民法院的要求执行。对债务人履行债务的时间、期限和方式需要变更的，应当征得申请执行人的同意，并将变更情况及时告知委托人民法院。

The entrusted people's court shall enforce a judgment or ruling rigidly according to the effective legal document and the requirements of the entrusting people's court. If the date, time limit and method for the debtor to pay off debts needs to be changed, the entrusted people's court shall obtain approval from the applicant for enforcement, and notify the entrusting people's court of the change in a timely manner.

263、受委托人民法院遇有需要中止或者终结执行的情形，应当及时函告委托人民法院，由委托人民法院作出裁定，在此期间，可以暂缓执行。受委托人民法院不得自行裁定中止或者终结执行。

Under any circumstances for suspension or termination of enforcement, the entrusted people's court shall timely inform the entrusting people's court by a letter, and the entrusting people's court will render its ruling. During this period of time, the enforcement can be suspended. The entrusted people's court shall not order the suspension or termination of enforcement on its own.

264、委托执行中，案外人对执行标的提出异议的，受委托人民法院应当函告委托人民法院，由委托人民法院通知驳回或者作出中止执行的裁定，在此期间，暂缓执行。

In the enforcement by mandate, if a person not involved in the case brings forward an objection to the object of enforcement, the entrusted people's court shall inform the entrusting people's court of it by a letter, and the entrusting people's court will give a notice on dismissal of the objection or render a ruling on suspension of enforcement. During this period of time, the enforcement shall be suspended.

265、依照民事诉讼法第二百一十条第二款的规定，受委托人民法院的上一级人民法院在接到委托人民法院指令执行的请求后，应当在五日内书面指令受委托人民法院执行，并将这一情况及时告知委托人民法院。

If the people's court at a higher level of the entrusted people's court has received the request for directing the entrusted people's court for enforcement according to Article 210 (2) of the Civil Procedure Law, it shall direct the entrusted people's court for enforcement in written form within five days, and inform the entrusting people's court of it in a timely manner.

受委托人民法院在接到上一级人民法院的书面指令后，应当立即执行，将执行情况报告上一级人民法院，并告知委托人民法院。

After the entrusted people's court has received the written direction sent out by the people's court at a higher level, it shall enforce the relevant legal document promptly, and report the conditions of enforcement to the people's court at the higher level, and inform the entrusting people's court of it.

266、一方当事人不履行或者不完全履行在执行中双方自愿达成的和解协议，对方当事人申请执行原生效法律文书的，人民法院应当恢复执行，但和解协议已履行的部分应当扣除。和解协议已经履行完毕的，人民法院不予恢复执行。

Where one party fails to enforce or completely enforce the mediation agreement reached out of free will of both parties in the enforcement, if the other party applies for enforcing the original effective legal document, the people's court shall resume the enforcement of the original effective legal document; however, the part of mediation agreement which has been enforced shall be excluded. If the mediation agreement has been completely enforced, the people's court will not resume the enforcement of the original effective legal document.

267、申请恢复执行原法律文书，适用民事诉讼法第二百一十九条申请执行期限的规定。申请执行期限因达成执行中的和解协议而中止，其期限自和解协议所定履行期限的最后一日起连续计算。

The time limit for an application for resuming the enforcement of an original legal document shall be governed by the provisions on the time limit for application for enforcement as prescribed in Article 219 of the Civil Procedure Law. If the time limit for application for the enforcement is suspended due to the mediation agreement reached during the course of enforcement, it shall be continuously calculated from the last day of the time limit for enforcement as determined in the mediation agreement.

268、人民法院依照民事诉讼法第二百一十二条的规定决定暂缓执行的，如果担保是有期限的，暂缓执行的期限应与担保期限一致，但最长不得超过一年。被执行人或担保人对担保的财产在暂缓执行期间有转移、隐藏、变卖、毁损等行为的，人民法院可以恢复强制执行。

Where the people's court decides to suspend the enforcement according to Article 212 of the Civil Procedure Law, if the security is provided with a deadline, the deadline of the suspension of enforcement shall be consistent with the deadline of security with the maximum of one year. If the person subject to enforcement or the security provider transfers, hides, sells off or destroys, etc. the property for security, the people's court may resume the compulsory enforcement.

269、民事诉讼法第二百一十二条规定的执行担保，可以由被执行人向人民法院提供财产作担保，也可以由第三人出面作担保。以财产作担保的，应提交保证书；由第三人担保的，应当提交担保书。担保人应当具有代为履行或者代为承担赔偿责任的能力。

For the “security for enforcement” as prescribed in Article 212 of the Civil Procedure Law, the person subject to enforcement can provide a property to the people's court for security or a third person can provide security, either. For the security by a property, a letter of guarantee shall be submitted; for the security by a third person, a letter of security shall be submitted. The security provider shall have the ability to enforce the legal document or to assume the liability of compensation on behalf.

270、被执行人在人民法院决定暂缓执行的期限届满后仍不履行义务的，人民法院可以直接执行担保财产，或者裁定执行担保人的财产，但执行担保人的财产以担保人应当履行义务部分的财产为限。

If the person subject to enforcement still fails to fulfill his obligations after expiration of the term for suspension of enforcement as decided by the people's court, the people's court can directly enforce the property for security or rule to enforce the property of the security provider; however, the enforcement of the property of the security provider shall be limited to the part for the obligation of enforcement.

271、依照民事诉讼法第二百一十三条的规定，执行中作为被执行人的法人或者其他组织分立、合并的，其权利义务由变更后的法人或者其他组织承受；被撤销的，如果依有关实体法的规定有权利义务承受人的，可以裁定该权利义务承受人为被执行人。

If the legal person or other organization as the person subject to enforcement is split off or amalgamated during the course of enforcement according to Article 213 of the Civil Procedure Law, its rights and obligations shall be undertaken by the surviving legal person or other organization after alteration; If it is deregistered, and there is any inheritor of rights and obligations according to the relevant substantive law, the people's court may order the said inheritor of rights and obligations as the person subject to enforcement.

272、其他组织在执行中不能履行法律文书确定的义务的，人民法院可以裁定执行对该其他组织依法承担义务的法人或者公民个人的财产。

If any other organization can not fulfill an obligation determined in the legal document during the course of enforcement, the people's court may rule to enforce the property of any legal persons or citizens which assume the obligation for the said other organization.

273、在执行中，作为被执行人的法人或者其他组织名称变更的，人民法院可以裁定变更后的法人或者其他组织为被执行人。

During the course of enforcement, if the legal person or other organization as the person subject to enforcement changes its name, the people's court may order the changed legal person or other organization as the person subject to enforcement.

274、作为被执行人的公民死亡，其遗产继承人没有放弃继承的，人民法院可以裁定变更被执行人，由该继承人在遗产的范围内偿还债务。继承人放弃继承的，人民法院可以直接执行被执行人的遗产。

If the person subject to enforcement is dead and his inheritor has not given up inheritance, the people' s court can rule to change the person subject to enforcement, and the said inheritor shall pay off debts within the scope of legacy. If the inheritor has given up the right of inheritance, the people's court can directly enforce the legacy of the person subject to enforcement.

275、法律规定由人民法院执行的其他法律文书执行完毕后，该法律文书被有关机关依法撤销的，经当事人申请，适用民事诉讼法第二百一十四条的规定。

If, after any other legal document has been completely enforced by the people's court according to legal provisions, the said legal document is cancelled by the competent authority, upon application of one party, Article 214 of the Civil Procedure Law may be applied.

276、执行中，具有企业法人资格的被执行人不能清偿到期债务，根据债权人或者债务人申请，人民法院可以依法宣告被执行人破产。

During the course of enforcement, if the person subject to enforcement which has the status of an enterprise legal person can not pay off due debts, upon application of the creditor or debtor, the people's court may announce the bankruptcy of the person subject to enforcement.

277、仲裁机构裁决的事项部分属于仲裁协议的范围，部分超过仲裁协议范围的，对超过部分，人民法院应当裁定不予执行。

If the matters being arbitrated are partly within the scope of the arbitration agreement and partly outside the scope of the arbitration agreement, the people's court shall order not to enforce the matters that are outside the scope of the arbitration agreement.

278、依照民事诉讼法第二百一十七条第二款、第三款的规定，人民法院裁定不予执行仲裁裁决后，当事人可以重新达成书面仲裁协议申请仲裁，也可以向人民法院起诉。

Where the people's court rules not to enforce an arbitration award according to Article 217 (2) and (3) of the Civil Procedure Law, the parties concerned may either reach a new written arbitration agreement and then apply for arbitration, or may file a lawsuit with the people's court.

279、民事诉讼法第二百二十条规定的执行通知，人民法院应在收到申请执行书后的十日内发出。执行通知中除应责令被执行人履行法律文书确定的义务外，并应通知其承担民事诉讼法第二百三十二条规定的迟延履行利息或者迟延履行金。

The “notice of enforcement” as prescribed in Article 220 of the Civil Procedure Law shall be sent out within ten days after receipt of a written application for enforcement. In addition to the order to the person subject to enforcement for fulfilling the obligation determined in the legal document, the notice of enforcement shall also inform him to pay the interest or surcharge for delay of performance according to Article 232 of the Civil Procedure Law.

280、人民法院可以直接向银行及其营业所、储蓄所、信用合作社以及其他有储蓄业务的单位查询、冻结、划拨被执行人的存款。外地法院可以直接到被执行人住所地、被执行财产所在地银行及其营业所、储蓄所、信用合作社以及其他有储蓄业务的单位查询、冻结、划拨被执行人应当履行义务部分的存款，无需由当地人民法院出具手续。

The people's court can directly inquire about, freeze or deduct the deposits of the person subject to enforcement at a bank, bank outlet, savings house, credit cooperative union or any other entity with the saving business. The court in another place can directly inquire about, freeze or deduct the deposits of the person subject to enforcement at a bank, bank outlet, savings house, credit cooperative union or any other entity with the saving business at the domicile of the person or property subject to enforcement, and needs not to handle formalities at the local people's court.

281、人民法院在执行中需要变卖被执行人财产的，可以交有关单位变卖，也可以由人民法院直接变卖。由人民法院直接变卖的，变卖前应就价格问题征求物价等有关部门的意见，作价应当公平合理。

If the people's court needs to sell off any properties of the person subject to enforcement during the course of enforcement, it can either deliver the property to a relevant entity for sell-off or directly sell off the property by itself. If the property is directly sold off by the people's court, the people's court shall solicit opinions from the price authority, etc. regarding the price, and be fair and reasonable in fixing the price.

对变卖的财产，人民法院或其工作人员不得买受。

For the property to be sold off by a people's court, the people's court or any of its personnel shall not buy it.

282、人民法院在执行中已依照民事诉讼法第二百二十一条、第二百二十三条的规定对被执行人的财产查封、冻结的，任何单位包括其他人民法院不得重复查封、冻结或者擅自解冻，违者按照民事诉讼法第一百零二条的规定处理。被执行人的财产不能满足所有申请执行人清偿要求的，执行时可以参照民事诉讼法第二百零四条的规定处理。

When a people's court seizes or freezes any properties of the person subject to enforcement during the course of enforcement according to Articles 221 and 223 of the Civil Procedure Law, no entity, including any other people's court, can repeatedly seize, freeze or illegally defreeze the said property; otherwise, the violator will be punished according to Article 102 of the Civil Procedure Law. If the properties of the person subject to enforcement can not satisfy all the liquidation requirements put forward by the applicants for enforcement, the properties can be disposed of by referring to Article 204 of the Civil Procedure Law at the time of enforcement.

283、依照民事诉讼法第二百三十一条规定，当事人不履行法律文书确定的行为义务，如果该项行为义务只能由被执行人完成的，人民法院可以依照民事诉讼法第一百零二条第一款第（六）项的规定处理。

If the party concerned fails to commit an obligatory act determined in the legal document, and the said act can be committed only by the person subject to enforcement according to Article 231 of the Civil Procedure Law, the people's court can deal with it according to Article 102 (1) (f) of the Civil Procedure Law.

284、执行的标的物为特定物的，应执行原物。原物确已不存在的，可折价赔偿。

If the object of enforcement is specific, the original object shall be enforced. If the original object does not exist any more, the compensation can be made by converting the original object into money.

285、执行中，被执行人隐匿财产的，人民法院除可依照民事诉讼法第一百零二条规定对其处理外，并应责令被执行人交出隐匿的财产或折价赔偿。被执行人拒不交出或赔偿的，人民法院可按被执行财产的价值强制执行被执行人的其他财产，也可以采取搜查措施，追回被隐匿的财产。

During the course of enforcement, if the person subject to enforcement hides the property, the people's court can, except for the punishment prescribed in Article 102 of the Civil Procedure Law, order that person to surrender the property he has hidden or make compensation by converting the original property into money. If that person refuses to do so, the people's court can forcibly enforce other properties of that person based on the value of the property subject to enforcement, or can recover the hidden property by means of search.

286、人民法院依照民事诉讼法第二百二十七条规定对被执行人及其住所或者财产隐匿地进行搜查，必须符合以下条件：

When a people's court searches the person subject to enforcement, his domicile or the place where the property is hidden according to Article 227 of the Civil Procedure Law, the following requirements shall be met:

生效法律文书确定的履行期限已经届满；

The time limit for performance as determined in the effective legal document has expired;

被执行人不履行法律文书确定的义务；

The person subject to enforcement fails to fulfill the obligation determined in the legal document; and

认为有隐匿财产的行为。

The people's court considers that there is the act of hiding the property.

搜查人员必须按规定着装并出示搜查令和身份证件。

The search personnel shall wear clothes as required, and show a search warrant and their identity certifications.

287、人民法院搜查时禁止无关人员进入搜查现场；搜查对象是公民的，应通知被执行人或者他的成年家属以及基层组织派员到场；搜查对象是法人或者其他组织的，应通知法定代表人或者主要负责人到场，有上级主管部门的，也应通知主管部门有关人员到场。拒不到场的，不影响搜查。搜查妇女身体，应由女执行人员进行。

When a people's court makes search, no irrelevant person may enter the search site. If the object of search is a citizen, the person subject to enforcement or his adult family members as well as the person assigned by a grassroots organization shall be present; if the object of search is a legal person or any other organization, the legal representative or the main principal shall be notified to be present; if there is a superior department, the relevant person in the superior department shall be notified to be present. If any of the said persons refuse to be present, the search will not be affected. The body of a woman shall be searched by female enforcers.

288、搜查中发现应当依法扣押的财产，依照民事诉讼法第二百二十四条第二款和第二百二十六条的规定办理。

If any properties that shall be seized under law are discovered during the course of search, they shall be disposed of according to Articles 224 (2) and 226 of the Civil Procedure Law.

289、搜查应制作搜查笔录，由搜查人员、被搜查人及其他在场人签名或盖章。拒绝签名或者盖章的，应在搜查笔录中写明。

Transcripts of search shall be made for the search, bear the signatures or seals of the search personnel, the person being searched and other persons on the scene. If any of the aforesaid persons refuse to affix his name or seal, the circumstance shall be indicated in the transcripts of search.

290、法人或其他组织持有法律文书指定交付的财物或者票证，在人民法院发出协助执行通知后，拒不转交的，强制执行， 并可依照民事诉讼法第一百零三条的规定处理。

If a legal person or any other organization holds a property or negotiable document to be delivered according to the legal document, and it refuses to surrender the property or negotiable document after the people's court has sent out a notice of assistance in enforcement, the people's court can forcibly enforce the property or negotiable document, and dispose of it according to Article 103 of the Civil Procedure Law.

291、有关单位和个人持有法律文书指定交付的财物或者票证，因其过失被毁损或灭失的，人民法院可责令持有人赔偿；拒不赔偿的，人民法院可按被执行的财物或者票证的价值强制执行。

If any relevant entity or individual holds a property or negotiable document to be delivered according to the legal document, and the said property or negotiable document is destroyed or lost out of fault, the people's court may order the holder to make compensation; if the said entity or individual refuses to make compensation, the people's court may resort to compulsory enforcement based on the value of the said property or negotiable document.

292、人民法院在执行中需要办理房产证、土地证、山林所有权证、专利证书、商标证书、车辆执照等有关财产权证照转移手续的，可以依照民事诉讼法第二百三十条规定办理。

Where a people's court needs to handle the formalities for transfer of a certificate of title to house property, land certificate, certificate for the ownership of mountain forest, certificate of patent, certificate of trademark, vehicle license or any other certificate of property right during the course of enforcement, the formalities can be handled according to Article 230 of the Civil Procedure Law.

293、被执行人迟延履行的，迟延履行期间的利息或迟延履行金自判决、裁定和其他法律文书指定的履行期间届满的次日起计算。

If the person subject to enforcement delays in performance, the interest or discharge for delay of performance shall be calculated as of the next day after expiration of the time limit for performance as designated by the judgment, ruling or any other legal document.

294、民事诉讼法第二百三十二条规定的加倍支付迟延履行期间的债务利息，是指在按银行同期贷款最高利率计付的债务利息上增加一倍。

The “interest for debt double paid for the delay of performance” as prescribed in Article 232 of the Civil Procedure Law refers to two times of interest of debt calculated according to the maximum interest rate for the bank loans of the same term.

295、被执行人未按判决、裁定和其他法律文书指定的期间履行非金钱给付义务的，无论是否已给申请执行人造成损失，都应当支付迟延履行金。已经造成损失的，双倍补偿申请执行人已经受到的损失；没有造成损失的，迟延履行金可以由人民法院根据具体案件情况决定。

If the person subject to enforcement fails to fulfill the non-pecuniary obligation of payment within the time limit designated by the judgment, ruling or any other legal document, whether losses have caused to the applicant for enforcement, the interest for delay of performance shall be paid. If losses have caused to the applicant for enforcement, the compensation shall be made in double of the said losses; and if there is no loss, the surcharge for delay of performance can be decided by the people's court based on the specific case circumstances.

296、债权人依照民事诉讼法第二百三十三条的规定请求人民法院继续执行的，不受民事诉讼法第二百一十九条所定期限的限制。

If the creditor requests the people's court for continuous enforcement according to Article 233 of the Civil Procedure Law, the time limit prescribed in Article 219 of the Civil Procedure Law shall not be applied.

297、被执行人为公民或者其他组织，在执行程序开始后，被执行人的其他已经取得执行依据的或者已经起诉的债权人发现被执行人的财产不能清偿所有债权的，可以向人民法院申请参与分配。

Where the person subject to enforcement is a citizen or any other organization, if other creditors which have obtained the enforcement grounds or have filed a lawsuit find after start of the enforcement procedure that the properties of the person subject to enforcement can not pay off all the debts, they can apply to the people's court for participation in the distribution of properties.

298、申请参与分配，申请人应提交申请书，申请书应写明参与分配和被执行人不能清偿所有债权的事实和理由，并附有执行依据。

To apply for participating in the distribution of properties, an applicant shall submit a written application, which shall indicate the facts and grounds for participation in the distribution of properties and the failure of the person subject to enforcement to pay off all the debts, and attach the grounds for enforcement.

参与分配申请应当在执行程序开始后，被执行人的财产被清偿前提出。

An application for participation in the distribution shall be filed after start of the enforcement procedure but before the liquidation of properties owned by the person subject to enforcement.

299、被执行人为公民或者其他组织，在有其他已经取得执行依据的债权人申请参与分配的执行中，被执行人的财产参照民事诉讼法第二百零四条规定的顺序清偿，不足清偿同一顺序的，按照比例分配。清偿后的剩余债务，被执行人应当继续清偿。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。

Where the person subject to enforcement is a citizen or any other organization, if any other creditors which have obtained the grounds for enforcement apply for participation into distribution of properties, the properties of the person subject to enforcement shall be liquidated by referring to the order prescribed in Article 204 of the Civil Procedure Law. If the said properties are insufficient for liquidating the debts in the same sequence, they shall be distributed based on a proportion. The person subject to enforcement shall continue to pay off the remaining debts after liquidation. If any creditors find any other properties owned by the person subject to enforcement, they can request the people's court for enforcement at any time.

300、被执行人不能清偿债务，但对第三人享有到期债权的，人民法院可依申请执行人的申请，通知该第三人向申请执行人履行债务。该第三人对债务没有异议但又在通知指定的期限内不履行的，人民法院可以强制执行。

If the person subject to enforcement can not pay off debts, but enjoys mature creditor's rights to any third person, the people's court may, upon application, notify the third person to pay off debts to the applicant for enforcement. If the third person has no objection to the debts but fails to pay off debts within the time limit designated in the notice, the people's court may resort to compulsory enforcement.

301、经申请执行人和被执行人同意，可以不经拍卖、变卖，直接将被执行人的财产作价交申请执行人抵偿债务，对剩余债务，被执行人应当继续清偿。

Upon consent of the applicant for enforcement and the person subject to enforcement, the properties of the latter can be directly converted into money and be delivered to the applicant for payment of debts without auction or sell-off. The person subject to enforcement shall continue to pay off the remaining debts.

302、被执行人的财产无法拍卖或变卖的，经申请执行人同意，人民法院可以将该项财产作价后交付申请执行人抵偿债务， 或者交付申请执行人管理；申请执行人拒绝接收或管理的，退回被执行人。

If a property of the person subject to enforcement can not be auctioned or sold off, upon consent of the applicant for enforcement, the people's court may convert the property into money and deliver the property to the applicant for payment of debts or deliver the property to the applicant for administration. If the applicant for enforcement refuses to take or administer the property, the property shall be returned to the person subject to enforcement.

303、在人民法院执行完毕后，被执行人或者其他人对已执行的标的有妨害行为的，人民法院应当采取措施，排除妨害，并可以依照民事诉讼法第一百零二条的规定处理。因妨害行为给申请执行人或者其他人造成损失的，受害人可以另行起诉。

If, after the people's court has completed the enforcement, the person subject to enforcement or any other person impairs the object of enforcement, the people's court shall take measures to eliminate the impairment, and can handle the impairment according to Article 102 of the Civil Procedure Law. If the impairment causes any losses to the applicant for enforcement or any other persons, the victim may file a lawsuit separately.

十八、涉外民事诉讼程序的特别规定

Special Provisions on the Civil Procedure Involving Foreign Elements

304、当事人一方或双方是外国人、无国籍人、外国企业或组织、或者当事人之间民事法律关系的设立、变更、终止的法律事实发生在外国，或者诉讼标的物在外国的民事案件，为涉外民事案件。

Civil cases in which one party or both parties are foreigners, stateless persons, foreign enterprises or organizations or the legal facts for establishment, alteration or termination of a civil legal relationship between the parties concerned take place at abroad, or the subject matter of an action is located at abroad shall be the civil cases involving foreign elements.

305、依照民事诉讼法第三十四条和第二百四十六条规定，属于中华人民共和国人民法院专属管辖的案件，当事人不得用书面协议选择其他国家法院管辖。但协议选择仲裁裁决的除外。

For the cases under the exclusive jurisdiction of the people's courts according to Articles 34 and 246 of the Civil Procedure Law, the parties concerned shall not select a foreign court for jurisdiction by a written agreement; unless they stipulate to settle the dispute through arbitration.

306、中华人民共和国人民法院和外国法院都有管辖权的案件，一方当事人向外国法院起诉，而另一方当事人向中华人民共和国人民法院起诉的，人民法院可予受理。判决后，外国法院申请或者当事人请求人民法院承认和执行外国法院对本案作出的判决、裁定的，不予准许；但双方共同参加或者签订的国际条约另有规定的除外。

For the cases over which both the people's court of the People's Republic of China and the foreign court have the jurisdiction, if one party files a lawsuit with the foreign court but the other party files a lawsuit with the people's court of the People's Republic of China, the people's court may accept the case. If, after judgment was rendered, the foreign court or one party requests the people's court to recognize and enforce the judgment or ruling rendered by the foreign court concerning this case, the people's court shall not consent to the request, unless it is otherwise prescribed by an international treaty concluded or acceded to by both countries.

307、对不在我国领域内居住的被告，经用公告方式送达诉状或传唤，公告期满不应诉，人民法院缺席判决后，仍应将裁判文书依照民事诉讼法第二百四十七条第（七）项的规定公告送达。自公告送达裁判文书满六个月的次日起，经过三十日的上诉期当事人没有上诉的，一审判决即发生法律效力。

If the defendant who resides outside the territory of our country fails to respond to the lawsuit at expiration of the term of public notice in the case of service of a complaint or subpoena by a public notice, after the people's court renders a default judgment, it shall serve the judgment by a public notice according to Article 274 (g) of the Civil Procedure Law. As of the next day at expiration of six months after the judgment is served by a public notice, if no party concerned has filed an appeal within the 30 days of the time limit for appeal, the judgment of first instance shall promptly come into force.

308、涉外民事诉讼中的外籍当事人，可以委托本国人为诉讼代理人，也可以委托本国律师以非律师身份担任诉讼代理人； 外国驻华使、领馆官员，受本国公民的委托，可以以个人名义担任诉讼代理人，但在诉讼中不享有外交特权和豁免权。

The foreign party in the civil procedure involving foreign elements may entrust persons or lawyers, as a non-lawyer, with the same nationality as him to be his litigation representatives. Any officials in the embassy or consulate of a foreign country in China may, upon entrustment of the citizens of his own country, act as a litigation representative under his own name; however, he will not enjoy diplomatic privileges or immunities in the litigation.

309、涉外民事诉讼中，外国驻华使、领馆授权其本馆官员，在作为当事人的本国国民不在我国领域内的情况下，可以以外交代表身份为其本国国民在我国聘请中国律师或中国公民代理民事诉讼。

In the civil procedure involving foreign elements, an embassy or consulate may entrust its officials to hire, under the name of a diplomatic representative, Chinese lawyers or Chinese citizens to be the civil litigation representatives for a citizen of that foreign country when the citizen of that foreign country is involved in a case and not within the territory of China.

310、涉外民事诉讼中，经调解双方达成协议，应当制发调解书。当事人要求发给判决书的，可以依协议的内容制作判决书送达当事人。

In the civil procedure involving foreign elements, if both parties reach an agreement upon mediation, the people's court shall work out a mediation paper. If the parties concerned request to render a judgment, the people's court may work out the judgment according to the contents of the agreement and serve it on the parties concerned.

311、当事人双方分别居住在我国领域内和领域外，对第一审人民法院判决、裁定的上诉期，居住在我国领域内的为民事诉讼法第一百四十七条所规定的期限；居住在我国领域外的为三十日。双方的上诉期均已届满没有上诉的，第一审人民法院的判决、裁定即发生法律效力。

If both parties respectively reside within and outside the territory of China, with respect to the judgment or ruling rendered by the people's court of the first instance, the time limit for appeal shall be the term prescribed in Article 147 of the Civil Procedure Law for the party residing within the territory of China, and shall be 30 days for the party residing outside the territory of China. If neither party files an appeal at expiration of the time limit for appeal, the judgment or ruling rendered by the court of the first instance shall promptly become legally effective.

312、本意见第 145 条至第 148 条、第 277 条、第 278 条的规定适用于涉外民事诉讼程序。

Articles 145-148, 277 and 278 of these Opinions shall apply to the civil procedures involving foreign elements.

313、我国涉外仲裁机构作出的仲裁裁决，一方当事人不履行，对方当事人向人民法院申请执行的，应依照民事诉讼法第二十八章的有关规定办理。

For an arbitration award rendered by a foreign affairs arbitration agency of China, if one party fails to perform the award and the other party applies to the people's court for enforcement of the award, the application shall be handled according to the relevant provisions in Chapter 28 of the Civil Procedure Law.

314、申请人向人民法院申请执行我国涉外仲裁机构裁决，须提出书面申请书，并附裁决书正本。如申请人为外国一方当事人，其申请书须用中文本提出。

To apply to the people's court for enforcement of an award rendered by a foreign affairs arbitration agency of China, the applicant shall file a written application and submit the original award as an attachment. If the applicant is the foreign party, the written application shall be filed in Chinese.

315、人民法院强制执行涉外仲裁机构的仲裁裁决时，如被执行人申辩有民事诉讼法第二百六十条第一款规定的情形之一 的，在其提供了财产担保后，可以中止执行。人民法院应当对被执行人的申辩进行审查，并根据审查结果裁定不予执行或驳回申辩。

When a people's court enforces the arbitration award rendered by a foreign affairs arbitration agency, if the party against whom the award is being enforced makes defense that there is any circumstances prescribed in Article 260 (1) of the Civil Procedure Law, the enforcement may be suspended after that party provides property security. The people's court shall review the defense made by the party against whom the award is being enforced, and rule not to enforce the award or reject the defense according to the review results.

316、涉外经济合同的解除或者终止，不影响合同中仲裁条款的效力。当事人一方因订有仲裁条款的涉外经济合同被解除或者终止向人民法院起诉的，不予受理。

The rescission or termination of a foreign-related economic contract will not affect the effectiveness of the arbitration clause in it. If one party files a lawsuit with a people's court for the reason that the foreign-related economic contract containing an arbitration clause is rescinded or terminated, the people's court will not accept the lawsuit.

317、依照民事诉讼法第二百五十八条的规定，我国涉外仲裁机构将当事人的财产保全申请提交人民法院裁定的，人民法院可以进行审查，决定是否进行保全。裁定采取保全的，应当责令申请人提供担保，申请人不提供担保的，裁定驳回申请。

If a foreign affairs arbitration agency of China submits a property preservation application filed by the party concerned to a people's court for decision according to Article 258 of the Civil Procedure Law, the people's court may conduct review to decide whether or not to take the preservation measure. If the people's court rules to adopt the preservation measure, it shall order the applicant to offer security; and if the applicant does not offer security, the people's court shall reject the application.

318、当事人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外国法院作出的发生法律效力的判决、裁定的，如果该法院所在国与中华人民共和国没有缔结或者共同参加国际条约，也没有互惠关系的，当事人可以向人民法院起诉，由有管辖权的人民法院作出判决，予以执行。

Where one party applies to a competent intermediate people's court of the People's Republic of China for recognition and enforcement of a legally effective judgment or ruling rendered by a foreign court, if the home country of the foreign court has neither concluded or jointly acceded to an international treaty nor has the relationship of reciprocity with the People's Republic of China, the party concerned may file a lawsuit with the people's court and the competent people's court shall render a judgment for enforcement.

319、与我国没有司法协助协议又无互惠关系的国家的法院，未通过外交途径，直接请求我国法院司法协助的，我国法院应予退回，并说明理由。

If a court of a country, which has neither concluded a judicial assistance convention nor has the relationship of reciprocity with China, directly requests a court of China for judicial assistance not resorting to diplomatic channel, the court of China shall reject the application and give explanations.

320、当事人在我国领域外使用人民法院的判决书、裁定书，要求我国人民法院证明其法律效力的，以及外国法院要求我国人民法院证明判决书、裁定书的法律效力的，我国作出判决、裁定的人民法院，可以本法院的名义出具证明。

If the party concerned uses the judgment or ruling rendered by a people's court of China outside the territory of China and requests the people's court of China to prove the legal force of the judgment or ruling, or a foreign court requests the people's court of China to prove the legal force of the judgment or ruling, the people's court of China that rendered the judgment or ruling may issue a certification in its own name.