Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China

Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China

Order of the President [2007] No.75

October 28, 2007

The Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China, which was adopted at the 30th session of the Standing Committee of the 10th National People's Congress on October 28, 2007, is hereby issued and shall come into effect as of April 1, 2008.

Hu Jintao, President of the People's Republic of China

Appendix: Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China

(Adopted at the 30th session of the Standing Committee of the 10th National People's Congress on October 28, 2007)

The 30th session of the Standing Committee of the 10th National People's Congress has determined to make the following amendments to the Civil Procedure Law of the People's Republic of China:

I. Item 2 of Article 103 shall be amended to read as follows: "A people's court may fine the principal or any other person directly responsible for an entity that commits any of the acts described in the preceding paragraph; the people's court may detain any person that refuses to carry out his duty to assist; and submit a judicial proposal to the supervisory authorities or other relevant authorities suggesting the imposition of disciplinary sanctions."

II. Item 1 of Article 104 shall be amended to read as follows: "A fine imposed on an individual shall not exceed CNY10,000 and a fine imposed on an entity shall be no less than CNY10,000 but shall not exceed CNY300,000."

III. Article 178 shall be amended to read as follows: "Any party that considers a legally effective judgment or ruling to be faulty may apply to the immediate superior people's court for retrial; nevertheless, execution of the judgment or ruling shall not be suspended in the meantime."

IV. Item 1 of Article 179 shall be amended as Article 179 to read as follows: "The people's court shall retry any case in which the relevant party's application satisfies any of the following conditions
1. there is new evidence that is sufficient to overturn the original judgment or ruling;
2. the evidence used as a basis for ascertaining the essential facts in the original judgment or ruling was insufficient;
3.
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