| 中华人民共和国民事诉讼法（英文版）（下） |
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hen foreign nationals, stateless persons or foreign enter prises or organizations need to appoint lawyers as agents ad litem to institute or respond to prosecutions in the people s court, they must appoint lawyers of the People s Republic of China. Article 242. Any power of attorney mailed or forwarded from outside the territory of the People s Republic of China by a foreign national, stateless person or a foreign enterprise or organization that has no domicile in the People s Republic of China to appoint a lawyer or any other person of the People s Republic of China as an agent ad litem must be authenticated by a notarial office in the country where that person or enterprise or organization has domicile and confirmed by the Chinese embassy or consulate stationed in that country or must go through the notarial formalities stipulated in the relevant bilateral treaties between China and that country before it becomes effective. CHAPTER XXV JURISDICTION Article 243. A lawsuit brought against a defendant who has no domicile in the People s Republic of China concerning a contract dispute or other disputes over property rights and interests, if the contract is signed or performed within the territory of the People s Republic of China, or the object of the action is within the territory of the People s Republic of China, or the defendant has distrainable property within the territory of the People s Republic of China, or the defendant has its representative agency, branch or business agent within the territory of the People s Republic of China, may be under the jurisdiction of the people s court in the place where the contract is signed or performed, or where the object of the action is located, or where the defendant s distrainable property is located, or where the infringing act takes place, or where the representative agency, branch or business agent is located. Article 244. Parties to a dispute over a contract involving foreign interests or over property rights and interests involving foreign interests may, through written agreement, choose the people s court in the place which has actual connections with the dispute as the jurisdictional court. If a people s court of the People s Republic of China is chosen as the jurisdictional court, the stipulations on jurisdiction by level and exclusive jurisdiction in this Law shall not be contravened. Article 245. If the defendant in a civil lawsuit involving foreign interests raises no objection to the jurisdiction of a people s court, responds to the prosecution and replies to his defence, he shall be deemed to have admitted that this people s court has jurisdiction over the case. Article 246. Lawsuits initiated for disputes arising from the performance of contracts for Chinese-foreign equity joint ventures, or Chinese-foreign contractual joint ventures, or Chinese-foreign cooperative exploration and development of the natural resources in the People s Republic of China shall be under the jurisdiction of the people s courts of the People s Republic of China. CHAPTER XXVI SERVICE AND TIME PERIODS Article 247. A people s court may serve litigation document to a party who has no domicile within the territory of the People s Republic of China by the following methods: (1) it may serve by the method specified in the international treaties concluded or acceded to by both the People s Republic of China and the country where the recipient of service resides; (2) it may serve through diplomatic channels; (3) it may entrust the service to the embassy or consulate of the People s Republic of China stationed in the country where the recipient of service resides, (4) it may serve through the agent ad litem who is empowered by the recipient of service to receive the service for it; (5) it may serve through the party s representative agency within the territory of the People s Republic of China, or the branch or business agent empowered to receive the service for it; (6) it may serve by post if the law of the country where the recipient of service resides so permits; in the event that no receipt is returned sixty days after the date on which the document was posted, but various circumstances justify the assumption that it has been served, the service shall be deemed completed upon the expiration of the time limit; and (7) it may serve by public notice, if none of the above-mentioned methods can be employed. The service shall be considered completed three months after the date on which the public notice was issued. Article 248. If a defendant has no domicile in the People s Republic of China, the people s court shall serve a copy of the bill of complaint on the defendant and notify him to forward his bill of defence within 30 days after he receives the copy of the bill of complaint. Any extension of the term requested by the defendant shall be at the discretion of the people s court. Article 249. If any party who has no domicile in the People s Republic of China is dissatisfied with a judgment or order made by a people s court of first instance, he shall have the right to file an appeal within 30 days from the date the written judgment or order is served. The appellee shall forward his bill of defence within 30 days after he has received a copy of the appeal petition. If a party is unable to file an appeal or forward a bill of defence within the period of time prescribed by law, and therefore requests an extension of the period, the people s court shall decide to approve or disapprove it. Article 250. The time period for handling a civil case involving foreign interests by the people s court shall not be limited by the provisions of Article 138 and 163 of this Law. CHAPTER XXVII PROPERTY PRESERVATION Article 251. The parties may, in accordance with the provisions of Article 93 of this Law, apply to the people s court for property preservation. The interested parties may, in accordance with the provisions of Article 94 of this Law, apply to the people s court for property preservation before a lawsuit is brought. Article 252. After a people s court has ordered to grant property preservation before litigation, the applicant shall bring a lawsuit within 30 days. If he fails to bring a lawsuit within the time limit, the people s court shall cancel the property preservation. Article 253. After the people s court has ordered to grant property preservation, if a surety is provided by the person against when the application is made, the people s court shall cancel the property preservation. Article 254. If an application is wrongfully made, the applicant shall compensate the person against whom the application is made for losses incurred by the property preservation. Article 255. If a property preserved by a people s court needs to be kept under surveillance, it shall notify the unit concerned to be responsible for the surveillance, and the person against whom the application is made shall bear the expenses thus incurred. Article 256. An order to cancel the preservation issued by a people s court shall be carried out by an execution officer. CHAPTER XXVIII ARBITRATION Article 257. With respect to contract disputes arise from the foreign economic, trade, transport or maritime activities of China, if the parties have stipulated clauses on arbitration in the contract or have subsequently reached a written agreement on arbitration, they shall submit such disputes for arbitration to the foreign affairs arbitration agency of China, and they shall not bring a suit in a people s court. If the parties have not stipulated clauses on arbitration in the contract or have not subsequently reached a written agreement on arbitration, they may file a lawsuit in the people s court. Article 258. If any party has applied for the adoption of property preservation measures, the foreign affairs arbitration agency of the People s Republic of China shall submit for an order the party s application to the intermediate people s court in the place where the person against whom the application is filed has his domicile or where the said person s property is located. Article 259. If one party fails to comply with the award made by the foreign affairs arbitration agency of the People s Republic of China, the other party may apply for execution to the intermediate people s court in the place where the person against whom the application is made has his domicile or where the property of the said person is located. Article 260. If the person against whom the application is made provides evidence which proves that the arbitration award made by the foreign affairs arbitration agency of the People s Republic of China involves any of the following circumstances, the people s court shall, after examination and verification by a collegial panel, order to disallow the execution of the award: (1) the parties have not stipulated clauses on arbitration in the contract or have not subsequently reached a written agreement on arbitration; (2) the person against whom the application is made is not duly notified to appoint the arbitrator or to proceed with the arbitration, or the said person fails to state its opinions due to reasons for which he is not held responsible; (3) the composition of the arbitration division or the procedure for arbitration is not in conformity with rules of arbitration; or (4) matters decided exceed the scope of the arbitration agreement or the limits of authority of the arbitration agency. If the people s court determines that the execution of the award at issue is against the social and public interest, it shall order to disallow the execution of the arbitration award. Article 261. If the execution of an arbitration award is disallowed, the parties may, in accordance with the written agreement on arbitration concluded between them, apply to the arbitration agency for arbitration anew, or may file a lawsuit in a people s court. CHAPTER XXIX JUDICIAL ASSISTANCE Article 262. In accordance with the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, the people s courts of China and foreign courts may request each other s assistance in the service of legal documents, in investigation and collection of evidence or in other litigation actions. If any matter requested by a foreign court for assistance would impair the sovereignty, security or social and public interest of the People s Republic of China, the people s court shall refuse to carry it out. Article 263. The request for and providing of judicial assistance shall be conducted through channels stipulated in the international treaties concluded or acceded to by the People s Republic of China or through diplomatic; channels. Any foreign embassy or consulate stationed in the People s Republic of China may serve documents and carry out investigation and collection of evidence with respect to its nationals, provided that the laws of the People s Republic of China shall not be violated and no compulsory measures shall be adopted. Except for the circumstances prescribed in the preceding paragraph, no foreign organization or individual may, without the consent of the competent authorities of the People s Republic of China, serve documents or carry out investigation and collection of evidence within the territory of the People s Republic of China. Article 264. The letter of request for judicial assistance and its annexes submitted by a foreign court to a people s court shall be appended with a Chinese translation or a text in other languages specified in the relevant international treaties. The letter of request and its annexes submitted to a foreign court by a people s court for judicial assistance shall be appended with a translation in the language of the country or a text in other languages specified in the relevant international treaties. Article 265. The judicial assistance provided by the people s courts shall be carried out in accordance with the procedure stipulated by the law of the People s Republic of China. If a special method is requested by a foreign court, the judicial assistance may also by carried out in such method as requested, provided that the requested special method shall not contradict the law of the People s Republic of China. Article 266. If a party applies for execution of a legally effective judgment or order made by a people s court and the party subject to execution or its property is not within the territory of the People s Republic of China, it may directly apply for recognition and enforcement to the foreign court which has jurisdiction over the case, or the people s court may, in accordance with the relevant provisions of the international treaties concluded or acceded to by China, or on the principle of reciprocity, request recognition and enforcement by a foreign court. If a party applies for execution of a legally effective arbitration award made by a foreign affairs arbitration agency of the People s Republic of China and the party subject to execution or its property is not within the territory of the People s Republic of China, it may directly apply for recognition and enforcement to the foreign court which has jurisdiction over the case. Article 267. If a legally effective judgment or order made by a foreign court requires recognition and enforcement by a people s court of the People s Republic of China, the party concerned may directly apply to the intermediate people s court of the People s Republic of China which has jurisdiction over the case for recognition and enforcement, or the foreign court may, in accordance with the provisions of the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, request recognition and enforcement by a people s court. Article 268. If a people s court of the People s Republic of China, after its review in accordance with the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity, considers that the legally effective judgment or order of a foreign court which requires recognition and enforcement does not contradict the basic principles of the law of the People s Republic of China nor violates the state and social, public interest of China, it shall render an order on the recognition of its force. Where an execution is necessary, a writ of execution shall be issued and enforced in accordance with the relevant provisions of this Law; If it contradicts the basic principles of the law of the People s Republic of China or the state and social, public interest of China, the people s court shall refuse its recognition and enforcement. Article 269. If an award made by a foreign arbitration agency requires the recognition and enforcement by a people s court of the People s Republic of China, the party concerned shall directly apply to the intermediate people s court in the place where the party subject to execution has its domicile or where its property is located. The people s court shall deal with the matter in accordance with the relevant provisions of the international treaties concluded or acceded to by the People s Republic of China or on the principle of reciprocity. Article 270. This Law shall come into force as of the date of promulgation, and the Civil Procedure Law of the People s Republic of china (for Trial Implementation) shall be annulled as of the same date. |
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