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18521536308The Civil Procedure Law of the People's Republic of China
2022-06-25
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Article 157 An order may be made for:
(1) rejecting a petition;
(2) a jurisdictional challenge;
(3) dismissing a complaint;
(4) preservation or advance enforcement;
(5) approving or disapproving the withdrawal of a complaint;
(6) suspending or terminating proceedings;
(7) additions and corrections of clerical or typographical errors in a decree;
(8) suspending or terminating an enforcement action;
(9) vacating or refusing to enforce an arbitration award;
(10) refusing to enforce a claim certificate rendered enforceable by a notary office; or
(11) other matters for which an order is required.
An appeal may be filed against an order made in accordance with Items (1) to (3) of the preceding paragraph.
Article 190 Where the whereabouts of an individual have been unknown for 2 years, an interested party may file a petition with the people's court in the jurisdiction where the domicile of the individual is located for a declaration of the missing status of the individual.
The petition shall state the fact that the individual has been missing, since when he has been missing, and a request for a declaration of his missing status, accompanied by a written certificate issued by the police authority or any other competent authority proving that the whereabouts of the individual have been unknown.
Article 194 An interested party or a competent entity of an individual may file a petition with the lowest people's court in the jurisdiction where the domicile of the individual is located to determine that the individual is a person without capacity or with limited capacity for civil acts.
The petition shall state the fact that the individual has no capacity or has limited capacity for civil acts and the basis therefor.
Article 202 After accepting a petition to confirm the validity of a mediation agreement, the people's court shall review the petition and make an order to confirm the validity of the mediation agreement if it holds that the mediation agreement complies with the law, in which case either party may file a petition with the people's court of competent jurisdiction for enforcement if the other party refuses or fails to perform any or all of its obligations thereunder, or make an order to dismiss the petition if it holds that the mediation agreement does not comply with the law, in which case the parties may alter the original mediation agreement through mediation or file a lawsuit with the people's court of competent jurisdiction.
Article 236 Where the party against whom enforcement is sought or the property to be enforced is in another jurisdiction, the enforcement court may request the local people's court in that jurisdiction for enforcement. The people's court receiving a request for enforcement shall take an enforcement action within 15 days upon receipt of the request and shall not refuse to accept the request. The people's court receiving a request for enforcement shall promptly inform the people's court issuing the request of the enforcement results upon completion of the enforcement action by letter; where the enforcement action is not completed within 30 days, it shall inform the people's court issuing the request of the particulars of the enforcement action.
Article 248 Where a party against whom enforcement is sought fails to fulfill his obligations specified in a legal document according to a notice of enforcement, he shall report his current property and the property of the year before the date of receipt of the enforcement notice. Where a party against whom enforcement is sought refuses to report his property or makes a false report, the people's court may impose a fine or detention on the party or his legal representative in the case of an individual, or the principal or the person directly liable in the case of an entity, depending on the severity of the violation.
Article 258 Where it is necessary to complete the formalities for the transfer of any certificate of title in the course of an enforcement action, the people's court may issue a notice of enforcement assistance, and the entity to which the notice is issued shall provide the assistance as notified.
Article 266 International civil proceedings performed in the territory of the People's Republic of China shall be governed by the provisions of this Volume. In the absence of applicable provisions in this Volume, other applicable provisions of this Law shall apply.
Article 287 Where a party seeks recognition and enforcement of a decree or order of a people's court that has become legally enforceable and the party against whom enforcement is sought or his property is not in the territory of the People's Republic of China, the party may directly file a petition for recognition and enforcement with a foreign court of competent jurisdiction, or the people's court receiving the petition may file a request for recognition and enforcement with a foreign court of competent jurisdiction in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity.
Article 289 The people's court that receives a petition or request for the recognition and enforcement of a decree or order of a foreign court that has become legally enforceable shall review the decree or order in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity, and shall make an order to recognize its validity, accompanied by an order for enforcement in accordance with the applicable provisions of this Law where necessary, if it holds that the decree or order does not violate the basic principles of the law, sovereignty, national security, and social and public interests of the People's Republic of China. Where the decree or order violates the basic principles of the law, sovereignty, national security, or social and public interests of the People's Republic of China, the petition or request for recognition and enforcement shall be denied.
Article 157 An order may be made for:
(1) rejecting a petition;
(2) a jurisdictional challenge;
(3) dismissing a complaint;
(4) preservation or advance enforcement;
(5) approving or disapproving the withdrawal of a complaint;
(6) suspending or terminating proceedings;
(7) additions and corrections of clerical or typographical errors in a decree;
(8) suspending or terminating an enforcement action;
(9) vacating or refusing to enforce an arbitration award;
(10) refusing to enforce a claim certificate rendered enforceable by a notary office; or
(11) other matters for which an order is required.
An appeal may be filed against an order made in accordance with Items (1) to (3) of the preceding paragraph.
Article 190 Where the whereabouts of an individual have been unknown for 2 years, an interested party may file a petition with the people's court in the jurisdiction where the domicile of the individual is located for a declaration of the missing status of the individual.
The petition shall state the fact that the individual has been missing, since when he has been missing, and a request for a declaration of his missing status, accompanied by a written certificate issued by the police authority or any other competent authority proving that the whereabouts of the individual have been unknown.
Article 194 An interested party or a competent entity of an individual may file a petition with the lowest people's court in the jurisdiction where the domicile of the individual is located to determine that the individual is a person without capacity or with limited capacity for civil acts.
The petition shall state the fact that the individual has no capacity or has limited capacity for civil acts and the basis therefor.
Article 202 After accepting a petition to confirm the validity of a mediation agreement, the people's court shall review the petition and make an order to confirm the validity of the mediation agreement if it holds that the mediation agreement complies with the law, in which case either party may file a petition with the people's court of competent jurisdiction for enforcement if the other party refuses or fails to perform any or all of its obligations thereunder, or make an order to dismiss the petition if it holds that the mediation agreement does not comply with the law, in which case the parties may alter the original mediation agreement through mediation or file a lawsuit with the people's court of competent jurisdiction.
Article 236 Where the party against whom enforcement is sought or the property to be enforced is in another jurisdiction, the enforcement court may request the local people's court in that jurisdiction for enforcement. The people's court receiving a request for enforcement shall take an enforcement action within 15 days upon receipt of the request and shall not refuse to accept the request. The people's court receiving a request for enforcement shall promptly inform the people's court issuing the request of the enforcement results upon completion of the enforcement action by letter; where the enforcement action is not completed within 30 days, it shall inform the people's court issuing the request of the particulars of the enforcement action.
Article 248 Where a party against whom enforcement is sought fails to fulfill his obligations specified in a legal document according to a notice of enforcement, he shall report his current property and the property of the year before the date of receipt of the enforcement notice. Where a party against whom enforcement is sought refuses to report his property or makes a false report, the people's court may impose a fine or detention on the party or his legal representative in the case of an individual, or the principal or the person directly liable in the case of an entity, depending on the severity of the violation.
Article 258 Where it is necessary to complete the formalities for the transfer of any certificate of title in the course of an enforcement action, the people's court may issue a notice of enforcement assistance, and the entity to which the notice is issued shall provide the assistance as notified.
Article 266 International civil proceedings performed in the territory of the People's Republic of China shall be governed by the provisions of this Volume. In the absence of applicable provisions in this Volume, other applicable provisions of this Law shall apply.
Article 287 Where a party seeks recognition and enforcement of a decree or order of a people's court that has become legally enforceable and the party against whom enforcement is sought or his property is not in the territory of the People's Republic of China, the party may directly file a petition for recognition and enforcement with a foreign court of competent jurisdiction, or the people's court receiving the petition may file a request for recognition and enforcement with a foreign court of competent jurisdiction in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity.
Article 289 The people's court that receives a petition or request for the recognition and enforcement of a decree or order of a foreign court that has become legally enforceable shall review the decree or order in accordance with the applicable international treaty entered into or acceded to by the People's Republic of China or the principle of reciprocity, and shall make an order to recognize its validity, accompanied by an order for enforcement in accordance with the applicable provisions of this Law where necessary, if it holds that the decree or order does not violate the basic principles of the law, sovereignty, national security, and social and public interests of the People's Republic of China. Where the decree or order violates the basic principles of the law, sovereignty, national security, or social and public interests of the People's Republic of China, the petition or request for recognition and enforcement shall be denied.
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