| 中华人民共和国民事诉讼法（英文版）（上） |
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INGING A SUIT AND ACCEPTING A CASE Article 108. The following conditions must be met when a suit is brought: (1) the plaintiff must be an individual, legal person or any other organization that has a direct interest in the case; (2) there must be a specific defendant; (3) there must be a concrete claim, a factual basis, and a cause for the suit; and (4) the suit must be within the scope of acceptance for civil lawsuits of the people s courts and within the specific jurisdiction of the people s court where it is filed. Article 109. When bringing a suit, a bill of complaint shall be submitted to the people s court, and copies of the bill shall be prepared according to the number of defendants. If a plaintiff has true difficulty in writing a bill of complaint, he may lodge his complaint orally, and the court shall transcribe it and inform the other party. Article 110. A bill of complaint shall clearly set forth the following: (1) the name, sex, age, ethnic status, occupation, work unit and address of each person who is a party to the case or, if a party is a legal person or any. other organization, its name, address and legal representative s or principal leading personnel s name and position; (2) the claim of the lawsuit and the facts and grounds on which the lawsuit is based; and (3) any evidence and its source, as well as the names and addresses of witnesses. Article 111. The people s court must accept the lawsuits filed in conformity with the provisions of Article 109 of this Law. With respect to lawsuits described below, the people s court shall handle them according to their specific circumstances: (1) With respect to those within the scope of acceptance for administrative lawsuits in accordance with the provisions of the Administrative Procedure Law, the people s court shall notify the plaintiff to institute an administrative lawsuit; (2) According to legal provisions, if both parties have on voluntary basis reached a written agreement on arbitration concerning contract disputes that they shall apply to an arbitration agency for arbitration, and may not institute legal proceedings in a people s court, the people s court shall notify the plaintiff to apply to an arbitration agency for arbitration; (3) With respect to disputes which, according to law, should be handled by other organs, the people s court shall notify the plaintiff to apply to the relevant organ for settlement; (4) With respect to cases that are not under its jurisdiction, the people s court shall notify the plaintiff to bring a lawsuit in the competent people s court; (5) With respect to cases in which a judgment or order has already taken legal effect, but one party again brings a suit, the people s court shall notify that party to file an appeal instead, with the exception of those cases in which an order is rendered by the people s court allowing the withdrawal of an action; (6) If cases that are not permitted by law to be filed within a specified period are filed during the same period, they shall not be accepted; (7) If a divorce suit in which a judgment has been made not granting the divorce, or in which both parties have become reconciled after conciliation, or in which the plaintiff has withdrawn the suit, or any suit concerning adoptive relationship in which a judgment has been made or conciliation conducted to maintain the adoptive relationship is refilled within six months without new developments and reasons, it shall not be accepted, unless the suit is brought by the defendant of the original case. Article 112. When a people s court receives a bill of complaint or an oral complaint and finds after review that it meets the requirements for acceptance, it shall file the case within seven days and notify the parties concerned; if the complaint does not meet the requirements for acceptance, the court shall within seven days order that the complaint be rejected. If the complainant has an objection against the order, he may file an appeal. SECTION 2 PREPARATIONS FOR TRIAL Article 113. The people s court shall send a copy of the bill of complaint to the defendant within five days from its acceptance of the case, and the defendant shall file a bill of defence within 15 days from his receipt of the copy of the bill of complaint. If the defendant files a bill of defence, the people s court shall send a copy of the bill of defence to the plaintiff within five days from its receipt. Failure by the defendant to file a bill of defence shall not prevent the case from being heard by the people s court. Article 114. The People s court shall, in relation to cases whose acceptance has been decided, notify the parties orally or in the notification on case acceptance or in notification on response to prosecution, of their relevant litigation rights and obligations. Article 115. The parties shall be promptly notified after members of the collegial panel are decided. Article 116. The judicial personnel must carefully examine the case materials and carry out investigation and collection of necessary evidence. Article 117. The personnel sent by a people s court to conduct an investigation shall first show their credentials to the person being investigated. The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the investigator and the investigated. Article 118. A people s court may, when necessary, entrust a people s court in another locality with an investigation. The entrusting people s court shall clearly set out the matters and requirements of the entrusted investigation. The entrusted people s court may on its own initiative conduct supplementary investigation. The entrusted people s court shall complete the investigation within 30 days after receiving the rogatory letter. If for some reason it cannot complete the investigation, it shall notify the entrusting people s court in writing within the above-mentioned time limit. Article 119. If a party who must participate in a joint lawsuit fails to participate in the proceedings, the people s court shall notify it to participate. SECTION 3 TRIAL IN COURT Article 120. Civil cases in a people s court shall be heard in public, except for those that involve state secrets or the private affairs of individuals or are otherwise provided by law. A divorce case or a case involving trade secrets may not be heard in public if a party so requests. Article 121. In handling civil cases, the people s courts shall, whenever necessary and possible, send out circuit tribunals to hold trials on the spot. Article 122. The people s court shall notify the parties and other participants in civil case three days before the opening of a court session. If a case is to be heard in public, the names of the parties, the cause of action and the time and location of the court session shall be announced publicly. Article 123. Before a court session is called to order, the court clerk shall ascertain whether or not the parties and other participants in the case are present and announce the rules of order of the court. At the beginning of a trial, the presiding judge shall check the parties present, announce the cause of action and the names of the judicial personnel and court clerks, inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any court personnel. Article 124. Courtroom investigation shall be conducted in the following order: (1) presentation of the statements by the parties; (2) informing the witnesses of their rights and obligations, giving testimony by the witnesses and reading of the statements of absentee witnesses; (3) presentation of documentary evidence, material evidence and audio-visual reference material; (4) reading of the expert conclusions; and (5) reading of the records of inquests. Article 125. The parties may present new evidence during a court session. With the permission of the court, the parties may put questions to witnesses, expert witnesses and inspectors. The parties may request a new investigation expert evaluation or inquest, subject to the approval of the people s court. Article 126. Additional claims by the plaintiff, counterclaims by the defendant and third-party claims related to the case may be tried together. Article 127. Court debates shall be conducted in the following order: (1) presentation of oral statements by the plaintiff and his agents ad litem; (2) response by the defendant and his agents ad litem; (3) presentation of oral statements or defence by the third party and its agents ad litem; (4) debate between the two sides. At the end of the court debate, the presiding judge shall ask each side to present his final arguments, with the plaintiff going first, then the defendant, and then the third party. Article 128. At the end of the court debate, a judgment shall be made according to law. Where conciliation is possible prior to the rendering of a judgment, conciliation effort may be conducted; if conciliation proves to be unsuccessful, a judgment shall be made without delay. Article 129. If a plaintiff has bee served with a legal subpoena from a people s court and refuses to appear in court without justified reason, or if he walks out during a court session without the permission of the court, the court may consider the plaintiff has applied to withdraw his complaint; if the defendant files a counterclaim, the court may make a judgment by default. Article 130. If a defendant has been served with a legal subpoena from a people s court and refuses to appear in court without justified reason, or if he walks out during a court session without the permission of the court, the court may make a judgment by default. Article 131. If a plaintiff applies to withdraw his complaints before judgment is pronounces, the people s court shall make an order regarding whether to grant approval. If the withdrawal of complaints is disallowed by an order, and the palintiff, after having been served with a subpoena, refuses to appear in court without justified reason, the people s court may make a judgment by default. Article 132. Under any of the following circumstances, court session for trail may be postponed: (1) the parties of other participants in the proceedings required to appear in court fail to do so for justified reasons; (2) a party requests the withdrawal of a member of the judicial personnel only presently; (3) it is necessary to summon new witnesses to court, collect new evidence, make a new expert evaluation, hold another inquest, or make supplementary investigation; or (4) other circumstances arise that warrant the postponement. Article 133. The court clerk shall make a written record of the entire court proceedings, which shall be signed by the judicial personnel and the court clerk. The court record shall be read out in court, or the parties and other participants in the proceedings may be notified to read the record while in court or within five days. If the parties or other participants in the proceedings consider that there are omissions or errors in the record of their statements, they shall have the right to apply for additions or corrections. If such additions or corrections are not made, the application shall be written into the case file. The court record shall be signed or sealed by the parties and other participants in the proceedings. Refusal to do so shall be recorded in a note to be attached to the file. Article 134. The people s court shall publicly pronounce its judgment in all case, whether publicly tried or not. If a judgment is pronounced in court, the written judgment shall be issued and delivered within ten days; if a judgment is pronounced later on a fixed date, the written judgment shall be issued immediately after the pronouncement. Upon pronouncement of a judgment, the parties must be informed of their right to file an appeal, the time limit for appeal and the court to which they may appeal. Upon pronouncement of a divorce judgment, the parties must be informed not to remarry before the judgment takes legal effect. Article 135. A people s court shall, in handling a case to which ordinary procedure is applied, close it within six months from filing the case. Where an extension of the term is necessary for special circumstances, a six-month extension may be given subject to the approval of the president of the said court. Any further extension shall be reported to the people s court at a higher level for approval. |
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