Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China
Order of the President of the People's Republic of China No. 11
September 1, 2023
The Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China, which has been adopted at the fifth session of the 14th Standing Committee of the National People's Congress of the People's Republic of China on September 1, 2023, is hereby promulgated and shall come into effect from January 1, 2024.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China
(Adopted at the fifth session of the 14th Standing Committee of the National People's Congress of the People's Republic of China on September 1, 2023)
The fifth session of the 14th Standing Committee of the National People's Congress has decided to make the following revisions to the Civil Procedure Law of the People's Republic of China:
1. Article 40 shall be revised to read: "When trying a civil case of the first instance, a people's court shall form a collegiate bench consisting of both judges and people's jurors or of judges alone. A collegiate bench must have an odd number of members.
"Civil cases to which the summary procedure is applied shall be tried by a single judge alone. For a civil case of first instance tried by a basic people's court in which the basic facts are clear and the relationship of rights and obligations is evident, it may be tried by a single judge alone by applying the ordinary procedure.
"When participating in trial activities, people's jurors shall have the rights and obligations equivalent to judges, unless otherwise stipulated."
2. Paragraph 4 of Article 47 shall be revised to read: "The preceding three paragraphs shall also apply to judge assistants, clerks, judicial technicians, interpreters, experts and inspectors."
3. Article 115 shall be revised to read: "Where the parties maliciously collaborate among themselves in an attempt to damage national or public interests, or infringe the legitimate rights and interests of any other party by way of lawsuits or mediation, the people's court shall reject the claims of such parties and order a fine or detention against such parties depending on the circumstances; where a crime is constituted, such parties shall be subject to criminal prosecution in accordance with the law.
"Where a party unilaterally fabricates the basic facts of a civil case and files a lawsuit with people's court in an attempt to damage national or public interests, or infringe the legitimate rights and interests of any other party, the preceding paragraph shall apply."
4. Paragraph 2 of Article 130 shall be revised to read: "Where the party does not raise any objection to the jurisdiction of the case and responds to the lawsuit or initiates a counterclaim, it shall be deemed that the people's court accepting the case has jurisdiction over the case, except where it violates any provisions on jurisdiction by level and exclusive jurisdiction."
5. Paragraph 2 of Article 140 shall be revised to read: "At the opening of a trial hearing, the presiding judge or single judge shall check the parties present, announce the cause of action, announce the names of the judicial officers, judge assistants, court clerks, and those of other persons, advise the parties of their procedural rights and obligations and inquire whether the parties wish to request for withdrawal."
6. Article 184 shall be revised to read: "When the people's court tries cases concerning voter's qualification, declaration of a person as missing or dead, appointment of estate administrator, determination of a citizen as having no capacity for civil acts or as having limited capacity for civil acts, or determination of ownerless property, confirmation of mediation agreement and the enforcement of real rights for security, this Chapter shall apply. Regarding matters not covered in this Chapter, the relevant provisions of the Law and other laws shall apply."
7. One section will be added after Section 3 of Chapter XV as Section 4, reading:
"Section 4 Cases Concerning Appointment of an Estate Administrator
"Article 194 Where there is any dispute over the determination of the administrator of an estate and an interested party applies for the appointment of an administrator, the application shall be filed with the basic people's court at the place of the decedent's residence at the time of death or at the place where the main estate is located.
......
Order of the President of the People's Republic of China No. 11
September 1, 2023
The Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China, which has been adopted at the fifth session of the 14th Standing Committee of the National People's Congress of the People's Republic of China on September 1, 2023, is hereby promulgated and shall come into effect from January 1, 2024.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Revising the Civil Procedure Law of the People's Republic of China
(Adopted at the fifth session of the 14th Standing Committee of the National People's Congress of the People's Republic of China on September 1, 2023)
The fifth session of the 14th Standing Committee of the National People's Congress has decided to make the following revisions to the Civil Procedure Law of the People's Republic of China:
1. Article 40 shall be revised to read: "When trying a civil case of the first instance, a people's court shall form a collegiate bench consisting of both judges and people's jurors or of judges alone. A collegiate bench must have an odd number of members.
"Civil cases to which the summary procedure is applied shall be tried by a single judge alone. For a civil case of first instance tried by a basic people's court in which the basic facts are clear and the relationship of rights and obligations is evident, it may be tried by a single judge alone by applying the ordinary procedure.
"When participating in trial activities, people's jurors shall have the rights and obligations equivalent to judges, unless otherwise stipulated."
2. Paragraph 4 of Article 47 shall be revised to read: "The preceding three paragraphs shall also apply to judge assistants, clerks, judicial technicians, interpreters, experts and inspectors."
3. Article 115 shall be revised to read: "Where the parties maliciously collaborate among themselves in an attempt to damage national or public interests, or infringe the legitimate rights and interests of any other party by way of lawsuits or mediation, the people's court shall reject the claims of such parties and order a fine or detention against such parties depending on the circumstances; where a crime is constituted, such parties shall be subject to criminal prosecution in accordance with the law.
"Where a party unilaterally fabricates the basic facts of a civil case and files a lawsuit with people's court in an attempt to damage national or public interests, or infringe the legitimate rights and interests of any other party, the preceding paragraph shall apply."
4. Paragraph 2 of Article 130 shall be revised to read: "Where the party does not raise any objection to the jurisdiction of the case and responds to the lawsuit or initiates a counterclaim, it shall be deemed that the people's court accepting the case has jurisdiction over the case, except where it violates any provisions on jurisdiction by level and exclusive jurisdiction."
5. Paragraph 2 of Article 140 shall be revised to read: "At the opening of a trial hearing, the presiding judge or single judge shall check the parties present, announce the cause of action, announce the names of the judicial officers, judge assistants, court clerks, and those of other persons, advise the parties of their procedural rights and obligations and inquire whether the parties wish to request for withdrawal."
6. Article 184 shall be revised to read: "When the people's court tries cases concerning voter's qualification, declaration of a person as missing or dead, appointment of estate administrator, determination of a citizen as having no capacity for civil acts or as having limited capacity for civil acts, or determination of ownerless property, confirmation of mediation agreement and the enforcement of real rights for security, this Chapter shall apply. Regarding matters not covered in this Chapter, the relevant provisions of the Law and other laws shall apply."
7. One section will be added after Section 3 of Chapter XV as Section 4, reading:
"Section 4 Cases Concerning Appointment of an Estate Administrator
"Article 194 Where there is any dispute over the determination of the administrator of an estate and an interested party applies for the appointment of an administrator, the application shall be filed with the basic people's court at the place of the decedent's residence at the time of death or at the place where the main estate is located.
......