民诉法词汇.docx
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民诉法词汇.docx
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民诉法词汇
CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
宪法the Constitution
行使诉讼权利to exercise of the litigation rights
制裁民事违法行为impose sanctions for civil wrongs
保护当事人的 of the parties
遵守法律abide by the law
以事实为根据,以法律为准绳 base on factsand take the law as the criterion
根据自愿和合法的原则 on a voluntary and lawful basis
两审终审制度the court of second instance being that of last instance
人民法院应当提供翻译The people's courts shall provide translations for any participant in theproceedings
由被告住所地人民法院管辖shall be under the jurisdictionof the people's court where the defendant has his domicile
经常居住地the place ofhabitual residence
合同履行地、合同签订地、原告住所地、标的物所在地where the contract is performed,signed, the object of the action is located
Article 89
When a settlement agreement through conciliation is reached, the people's
court shall draw up a conciliation statement. The conciliation statement
shall clearly set forth the claims, the facts of the case, and the result
of the conciliation.
The conciliation statement shall be signed by the judge and the court
clerk, sealed by the people's court, and served on both parties.
Once it is receipted by the two parties concerned, the conciliation
statement shall become legally effective.
Article 90
The people's court need not draw up a conciliation statement for the
following cases when a settlement agreement is reached through
conciliation:
(1) divorce cases in which both parties have become reconciled after
conciliation;
(2) cases in which adoptive relationship has been maintained through
conciliation;
(3) cases in which the claims can be immediately satisfied; and
(4) other cases that do not require a conciliation statement.
Any settlement agreement that needs no conciliation statement shall be
entered into the written record and shall become legally effective after
being signed or sealed by both parties concerned, by the judge and by the
court clerk.
Article 91
If no agreement is reached through conciliation or if either party backs
out of the settlement agreement before the conciliation statement is
served, the people's court shall render a judgment without delay.
Chapter IX Property Preservation and Advance Execution
Article 92
In the cases where the execution of a judgment may become impossible or
difficult because of the acts of either party or for other reasons, the
people's court may, at the application of the other party, order the
adoption of measures for property preservation. In the absence of such
application, the people's court may of itself, when necessary, order the
adoption of measures for property preservation.
In adopting property preservation measures, the people's court may enjoin
the applicant to provide security; if the applicant fails to do so, his
application shall be rejected.
After receiving an application, the people's court must, if the case is
urgent, make an order within 48 hours; if the order for the adoption of
property preservation measures is made, the execution thereof shall begin
immediately.
Article 93
Any interested party whose lawful rights and interests would, due to
urgent circumstances, suffer irretrievable damage without immediately
applying for property preservation, may, before filing a lawsuit, apply to
the people's court for the adoption of property preservation measures. The
applicant must provide security; if he fails to do so, his application
shall be rejected.
After receiving an application, the people's court must make an order
within 48 hours; if the court orders the adoption of property preservation
measures, the execution thereof shall begin immediately.
If the applicant fails to bring an action within 15 days after the
people's court has adopted the preservation measures, the people's court
shall cancel the property preservation.
Article 94
Property preservation shall be limited to the scope of the claims or to
the property relevant to the case.
Property preservation shall be effected by sealing up, distraining,
freezing or other methods as prescribed by the law.
After the people's court has frozen the property, it shall promptly notify
the person whose property has been frozen.
The property that has already been sealed up or frozen shall not be sealed
up or frozen for a second time.
Article 95
If the person against whom the application for property reservation is
made provides security, the people's court shall cancel the property
reservation.
Article 96
If an application for property preservation is wrongfully made, the
applicant shall compensate the person against whom the application is made
for any loss incurred from property preservation.
Article 97
The people's court may, upon application of the party concerned, order
advance execution in respect of the following cases:
(1) those involving claims for alimony, support for children or elders,
pension for the disabled or the family of a decedent, or expenses for
medical care;
(2) those involving claims for remuneration for labour; and
(3) those involving urgent circumstances that require advance execution.
Article 98
Cases in which advance execution is ordered by the people's court shall
meet the following conditions:
(1) the relationship of rights and obligations between the parties
concerned is clear and definite, and denial of advance execution would
seriously affect the livelihood or production operations of the applicant;
and
(2) the person against whom the application for advance execution is made
is capable of fulfilling his obligations.
The people's court may enjoin the applicant to provide security; if the
applicant fails to do so, his application shall be rejected. If the
applicant loses the lawsuit, he shall compensate the person against whom
the application is made for any loss of property incurred from the advance
execution.
Article 99
If the party concerned is not satisfied with the order made on property
preservation or execution, he may apply for reconsideration which could be
granted only once. Execution of the order shall not be suspended during
the time of reconsideration.
Chapter X Compulsory Measures Against Obstruction of CivilProceedings
Article 100
If a defendant is required to appear in court, but, having been served
twice with summons, still refuses to do so without justified reason, the
people's court may constrain him to appear in court by a peremptory writ.
Article 101
Participants and other persons in the court proceedings shall abide by the
court rules.
If a person violates the court rules, the people's court may reprimand
him, or order him to leave the courtroom, or impose a fine on or detain
him.
A person who seriously disrupts court order by making an uproar in the
court or rushing at it, or insulting, slandering, threatening, or
assaulting the judicial officers, shall be investigated for criminal
responsibility by the people's court according to the law; if the offence
is a minor one, the offender may be detained or a fine imposed on him.
Article 102
If a participant or any other person in the proceedings commits any one of
the following acts, the people's court shall, according to the seriousness
of the act, impose a fine on him or detain him; if the act constitutes a
crime, the offender shall be investigated for criminal responsibility
according to law.
(1) forging or destroying important evidence, which would obstruct the
trial of a case by the people's court;
(2) using violence, threats or subordination to prevent a witness from
giving testimony, or instigating, suborning, or coercing others to commit
perjury;
(3) concealing, transferring, selling or destroying property that has been
sealed up or distrained, or property of which an inventory has been made
and which has been put under his care according to court instruction, or
transferring the property that has been frozen;
(4) insulting, slandering, incriminating with false charges, assaulting or
maliciously retaliating against judicial officers or personnel,
participants in the proceedings, witnesses, interpreters, evaluation
experts, inspectors, or personnel assisting in execution;
(5) using violence, threats or other means to hinder judicial officers or
personnel from performing their duties; or
(6) refusing to carry out legally effective judgments or orders of the
people's court.
With respect to a unit that commits any one of the acts specified above,
the people's court may impose a fine on or detain its principal heads or
the persons who are held actually responsible for the act; if the act
constitutes a crime, investigations for criminal responsibility shall be
made according to the law.
Article 103
Where a unit which is under an obligation to assist in investigation and
execution commits any one of the following acts, the people's court may,
apart from enjoining it to perform its obligation, also impose a fine:
(1) refusing or obstructing the investigation and collection of evidence
by the people's court;
(2) refusing by banks, credit cooperatives or other units dealing with
savings deposit, after receiving a notice for assistance in execution from
the people's court, to assist in inquiring into, freezing or transferring
the relevant deposit.
(3) refusing by the unit concerned, after receiving a notice for
assistance in execution from the people's court, to assist in withholding
the income of the party subject to execution, in going through the
formalities of transferring the relevant certificates of property rights
or in transferring the relevant negotiable instruments, c
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