中华人民共和国民事诉讼法（二）

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 Civil Proceedings

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， certificates， or other property； or

（4） refusing to provide other obligatory assistance in the execution. With respect to a unit that commits any one of the acts specified above， the people's court may impose a fine on its principal heads or the persons who are held actually responsible for the act. The people's court may also put forward a judicial proposal to the supervisory organ or any relevant organ for the imposition of disciplinary sanctions.

Article 104 A fine on an individual shall not exceed Renminbi 1，000 yuan. A fine on a unit shall not be less than Renminbi 1，000 yuan and shall not exceed Renminbi 30，000 yuan.

The period of detention shall not be longer than 15 days.

The people's court shall deliver detained persons to a public security organ for custody. The people's court may decide to advance the time of release， if the detainee admits and mends his wrongdoings.

Article 105 Constrained appearance in court， imposition of a fine or detention shall be subject to the approval of the president of the people's court.

A peremptory writ shall be issued for constraining appearance in court. A decision in writing shall be made for the imposition of a fine or detention. The offender， if dissatisfied with the decision， may apply to a people's court at a higher level for reconsideration which could be granted only once. The execution of the decision shall not be suspended during the time of reconsideration.

Article 106 Decision on the adoption of compulsory measures against obstruction of proceedings shall be made only by the people's court. Any unit or individual that extorts repayment of a debt by illegal detention of a person or illegal distrainment of property shall be investigated for criminal responsibility according to the law， or shall be punished with detention or a fine.

Chapter XI Litigation Costs

Article 107 Any party filing a civil lawsuit shall pay court costs according to the rules. For property cases， the party shall pay other fees in addition to the court costs. Any party that has genuine difficulty in paying litigation costs may， according to the relevant rules， apply to the people's court for deferment or reduction of the payment or for its exemption.

Particulars for payment of litigation costs shall be laid down separately.

PART TWO TRIAL PROCEDURE

Chapter XII Ordinary Procedure of First Instance

Section 1 Bringing a Lawsuit and Entertaining a Case

Article 108 The following conditions must be met when a lawsuit is brought：

（1） the plaintiff must be a citizen， legal person or any other organization that has a direct interest in the case；

（2） there must be a definite defendant；

（3） there must be specific claim or claims， facts， and cause or causes for the suit； and

（4） the suit must be within the scope of acceptance for civil actions by the people's court and under the jurisdiction of the people's court where the suit is entertained.

Article 109 When a lawsuit is brought， a statement of complaint shall be submitted to the people's court， and copies of the statement shall be provided according to the number of defendants.

If the plaintiff has genuine difficulty in presenting the statement of complaint in writing， he may state his complaint orally； the people's court shall transcribe the complaint and inform the other party of it accordingly.

Article 110 A statement of complaint shall clearly set forth the following：

（1） the name， sex， age， ethnic status， occupation， work unit and home address of the parties to the case； if the parties are legal persons or any other organizations， their names， addresses and the names and posts of the legal representatives or the principal heads.

（2） the claim or claims of the suit， the facts and grounds on which the suit is based； and

（3） the evidence and its source， as well as the names and home addresses of the witnesses.

Article 111 The people's court must entertain the lawsuits filed in conformity with the provisions of Article 108 of this Law. With respect to lawsuits described below， the people's court shall deal with them in the light of their specific circumstances：

（1） for a lawsuit within the scope of administrative actions in accordance with the provisions of the Administrative Procedure Law， the people's court shall advise the plaintiff to institute administrative proceedings；

（2） if， according to the law， both parties have on a voluntary basis reached a written agreement to submit their contract dispute to an arbitral organ for arbitration， they may not institute legal proceedings in a people's court. The people's court shall advise the plaintiff to apply to the arbitral organ for arbitration；

（3） in case of disputes which， according to the law， shall be dealt with by other organs， the people's court shall advise the plaintiff to apply to the relevant organ for settlement；

（4） with respect to cases that are not under its jurisdiction， the people's court shall advise the plaintiff to bring a lawsuit in the competent people's court；

（5） with respect to cases in which a judgment or order has already taken legal effect， but either party brings a suit again， the people's court shall advise that party to file an appeal instead， except when the order of the people's court is one that permits the withdrawal of a suit；

（6） with respect to an action that may not be filed within a specified period according to the law， it shall not be entertained， if it is filed during that period.

（7） in a divorce case in which a judgment has been made disallowing the divorce， or in which both parties have become reconciled after conciliation， or in a case concerning adoptive relationship in which a judgment has been made or conciliation has been successfully conducted to maintain the adoptive relation-ship， if the plaintiff files a suit again within six months in the absence of any new developments or new reasons， it shall not be entertained.

Article 112 When a people's court receives a statement of complaint or an oral complaint and finds after examination that it meets the requirements for acceptance， the court shall place the case on the docket within seven days and notify the parties concerned； if it does not meet the requirements for acceptance the court shall make an order within seven days to reject it. The plaintiff， if not satisfied with the order， may file an appeal.

Section 2 Preparations for Trial

Article 113 The people's court shall send a copy of the statement of complaint to the defendant within five days after docketing the case， and the defendant shall file a defence within 15 days from receipt of the copy of the statement of complaint. When the defendant files a defence， the people's court shall send a copy of it to the plaintiff within five days from its receipt. Failure by the defendant to file a defence shall not prevent the case from being tried by the people's court.

Article 114 The people's court shall， with respect to cases whose acceptance has been decided， inform the parties in the notification of acceptance and in the notification calling for responses to the action of their relevant litigation rights and obligations of which the parties may likewise be informed orally.

Article 115 The parties shall be notified within three days after the members of the collegial panel are determined.

Article 116 The judicial officers must carefully examine and verify the case materials and carry out investigations and collection of necessary evidence.

Article 117 The personnel sent by a people's court to conduct investigations shall produce their credentials before the person to be investigated.

The written record of an investigation shall be checked by the person investigated and then signed or sealed by both the investigator and the investigated.

Article 118 A people's court may， when necessary， entrust a people's court in another locality with the investigations.

The entrusting people's court shall clearly set out the matters for and requirements of the entrusted investigations. The entrusted people's court may on its own initiative conduct supplementary investigations.

The entrusted people's court shall complete the investigations within 30 days after receiving the commission in writing. If for some reason it cannot complete the investigations， the said people's court shall notify the entrusting people's court in writing within the above-mentioned time limit.

Article 119 If a party who must participate in a joint action fails to participate in the proceedings， the people's court shall notify him to participate.

Section 3 Trial in Court

Article 120 Civil cases shall be tried in public， except for those that involve State secrets or personal privacy or are to be tried otherwise as provided by the law.

A divorce case or a case involving trade secrets may not be heard in public if a party so requests.

Article 121 For civil cases， the people's court shall， whenever necessary， go on circuit to hold trials on the spot.

Article 122 For civil cases， the people's court shall notify the parties and other participants in the proceedings three days before the opening of a court session. If a case is to be tried in public， the names of the parties， the cause of action and the time and location of the court session shall be announced publicly.

Article 123 Before a court session is called to order， the court clerk shall ascertain whether or not the parties and other participants in the proceedings are present and announce the rules of order of the court.

At the beginning of a court session， the presiding judge shall check the parties present， announce the cause of action and the names of the judicial officers and court clerks， inform the parties of their relevant litigation rights and obligations and ask the parties whether or not they wish to apply for the withdrawal of any court personnel.

Article 124 Court investigation shall be conducted in the following order：

（1） statements by the parties；

（2） informing the witnesses of their rights and obligations， giving testimony by the witnesses and reading of the written statements of absentee witnesses；

（3） presentation of documentary evidence， material evidence and audio-visual material；

（4） reading of expert conclusions； and

（5） reading of records of inspection.

Article 125 The parties may present new evidence during a court session.

With the permission of the court， the parties may put questions to witnesses， expert witnesses and inspectors.

Any request by the parties concerned for a new investigation， expert evaluation or inspection shall be subject to the approval of the people's court.

Article 126 Additional claims by the plaintiff， counterclaims by the defendant and third-party claims related to the case may be tried in combination.

Article 127 Court debate shall be conducted in the following order：

（1） oral statements by the plaintiff and his agents ad litem；

（2） defence by the defendant and his agents ad litem；

（3） oral statement or defence by the third party and his agents ad litem；

（4） debate between the two sides.

At the end of the court debate， the presiding judge shall ask each side， first the plaintiff， then the defendant， and then the third party， for their final opinion respectively.

Article 128 At the end of the court debate， a judgment shall be made according to the law. Where conciliation is possible prior to the rendering of a judgment， conciliation efforts may be made； if conciliation proves to be unsuccessful， a judgment shall be made without delay.

Article 129 If a plaintiff， having been served with a summons， refuses to appear in court without justified reasons， or if he withdraws during a court session without the permission of the court， the case may be considered as withdrawn by him； if the defendant files a counterclaim in the mean time， the court may make a judgment by default.

Article 130 If a defendant， having been served with a summons， refuses to appear in court without justified reasons， or if he withdraws during a court session without the permission of the court， the court may make a judgment by default.

Article 131 If a plaintiff applies for withdrawal of the case before the judgment is pronounced， the people's court shall decide whether to approve or disapprove it. If withdrawal of the case is not allowed by an order of the people's court， and the plaintiff， having been served with a summons， refuses to appear in court without justified reasons， the people's court may make a judgment by default.

Article 132 Under any of the following circumstances， the trial may be adjourned：

（1） the parties concerned and other participants in the proceedings required to appear in court fail to do so for justified reasons；

（2） any party concerned makes an extempore application for the withdrawal of a judicial officer； or

（3） it is necessary to summon new witnesses to court， collect new evidence， make a new expert evaluation， new inspection， or to make a supplementary investigation； or

（4） other circumstances that warrant the adjournment.

Article 133 The court clerk shall make a written record of the entire court proceedings， which shall be signed by him and the judicial officers.

The court record shall be read out in court， or else the parties and other participants in the proceedings may be notified to read the record while in court or within five days. If they consider that there are omissions or errors in the record of their own statements， the parties or other participants in the proceedings shall have the right to apply for rectifications. If such rectifications are not made， the application shall be placed on record in the case file.

The court record shall be signed or sealed by the parties and other participants in the proceedings. Refusal to do so shall be put on record in the case file.

Article 134 The people's court shall publicly pronounce its judgment in all cases， whether publicly tried or not.

If a judgment is pronounced in court， the written judgment shall be issued and delivered within ten days； if a judgment is pronounced later on a fixed date， the written judgment shall be issued and given immediately after the pronouncement.

Upon pronouncement of a judgment， the parties concerned must be informed of their right to file an appeal， the time limit for appeal and the court to which they may appeal.

Upon pronouncement of a divorce judgment， the parties concerned must be informed not to remarry before the judgment takes legal effect.

Article 135 A people's court trying a case in which the ordinary procedure is followed， shall conclude the case within six months after docketing the case. Where an extension of the period is necessary under special circumstances， a six-month extension may be allowed subject to the approval of the president of the court. Further extension， if needed， shall be reported to the people's court at a higher level for approval.

Section 4 Suspension and Termination of Legal Proceedings

Article 136 Legal proceedings shall be suspended in any of the following circumstances：

（1） one of the parties dies and it is necessary to wait for the heir or heiress to make clear whether to participate or not in the proceedings；

（2） one of the parties has lost the capacity to engage in litigation and his agent ad item has not been designated yet；

（3） the legal person or any other organization as one of the parties has dissolved， and the successor to its rights and obligations has not been determined yet；

（4） one of the parties is unable to participate in the proceedings for reasons of force majeure；

（5） the adjudication of the case pending is dependent on the results of the trial of another case that has not yet been concluded； or

（6） other circumstances that warrant the suspension of the litigation.

The proceedings shall resume after the causes of the suspension have been eliminated.

Article 137 Legal proceedings shall be terminated in any of the following circumstances：

（1） the plaintiff dies without a successor， or the successor waives the right to litigate；

（2） the decedent leaves no estate， nor anyone to succeed to his obligations；

（3） one of the parties in a divorce case dies； or

（4） one of the parties dies who is a claimant to alimony， support for elders or children or to the termination of adoptive relationship.

Section 5 Judgment and Order

Article 138 A judgment shall clearly set forth the following：

（1） cause of action， the claims， facts and cause or causes of the dispute；

（2） the facts and causes as found in the judgment and the basis of application of the law；

（3） the outcome of adjudication and the costs to be borne； and

（4） the time limit for filing an appeal and the appellate court with which the appeal may be filed.

The judgment shall be signed by the judicial officers and the court clerk， with the seal of the people's court affixed to it.

Article 139 If some of the facts in a case being tried by the people's court are already evident， the court may pass judgment on that part of the case first.

Article 140 An order in writing is to be made in any of the following conditions：

（1） refusal to entertain a case；

（2） objection to the jurisdiction of a court；

（3） rejection of a complaint；

（4） property preservation and advance execution；

（5） approval or disapproval of withdrawal of a suit；

（6） suspension or termination of legal proceedings；

（7） correction of errata in the judgment；

（8） suspension or termination of execution；

（9） refusal to enforce an arbitration award；

（10） refusal to enforce a document of a notary office evidencing the rights of a creditor and entitling him to its compulsory execution；

（11） other matters to be decided in the form of an order in writing. An appeal may be lodged against an order in writing in Items （1）， （2） and （3） mentioned above.

An order in writing shall be signed by the judicial officers and the court clerk， with the seal of the people's court affixed to it. If it is issued orally， the order shall be entered in the record.

Article 141 All judgments and written orders of the Supreme People's Court， as well as judgments and written orders that may not be appealed against according to the law or that have not been appealed against within the prescribed time limit， shall be legally effective.

Chapter XIII Summary Procedure

Article 142 When trying simple civil cases in which the facts are evident， the rights and obligations clear and the disputes trivial in character， the basic people's courts and the tribunals dispatched by them shall apply the provisions of this Chapter.

Article 143 In simple civil cases， the plaintiff may lodge his complaint orally.

The two parties concerned may at the same time come before a basic people's court or a tribunal dispatched by it for a solution of their dispute. The basic people's court or the tribunal it dispatched may try the case immediately or set a date for the trial.

Article 144 In trying a simple civil case， the basic people's court or the tribunal dispatched by it may use simplified methods to summon at any time the parties and witnesses.

Article 145 Simple civil cases shall be tried by a single judge alone and the trial of such cases shall not be bound by the provisions of Articles 122， 124， and 127 of this Law.

Article 146 The people's court trying a case in which summary procedure is followed shall conclude the case within three months after placing the case on the docket.

Chapter XIV Procedure of Second Instance

Article 147 If a party refuses to accept a judgment of first instance of a local people's court， he shall have the right to file an appeal with the people's court at the next higher level within 15 days after the date on which the written judgment was served.

If a party refuses to accept a written order of first instance of a local people's court， he shall have the right to file an appeal with a people's court at the next higher level within 10 days after the date on which the written order was served.

Article 148 For filing an appeal， a petition for the purpose shall be submitted. The content of the appeal petition shall include the names of the parties， the names of the legal persons and their legal representatives or names of other organizations and their principal heads； the name of the people's court where the case was originally tried； file number of the case and the cause of action； and the claims of the appeal and the reasons.

Article 149 The appeal petition shall be submitted through the people's court which originally tried the case， and copies of it shall be provided according to the number of persons in the other party or of the representatives thereof.

If a party appeals directly to a people's court of second instance， the said court shall within five days transmit the appeal petition to the people's court which originally tried the case.

Article 150 The people's court which originally tried the case shall， within five days after receiving the appeal petition， serve a copy of it on the other party， who shall submit his defence within 15 days from the receipt of such copy. The people's court shall， within five days after receiving the defence， serve a copy of it on the appellant. Failure by the other party to submit a defence shall not prevent the case from being tried by the people's court.

After receiving the appeal petition and the defence， the people's court which originally tried the case shall， within five days， deliver them together with the entire case file and evidence to the people's court of second instance.

Article 151 With respect to an appealed case， the people's court of second instance shall review the relevant facts and the application of the law.

Article 152 With respect to a case on appeal， the people's court of second instance shall form a collegial panel to conduct the trial. After verification of the facts of the case through consulting the files， making investigations and questioning the parties， if the collegial panel considers that it is not necessary to conduct a trial， it may make a judgment or a written order directly.

The people's court of second instance may try a case on appeal at its own site or in the place where the case originated or where the people's court which originally tried the case is located.

Article 153 After trying a case on appeal， the people's court of second instance shall， in the light of the following situations， dispose of it accordingly：

（1） if the facts were clearly ascertained and the law was correctly applied in the original judgment， the appeal shall be rejected in the form of a judgment and the original judgment shall be affirmed；

（2） if the application of the law was incorrect in the original judgment， the said judgment shall be amended according to the law；

（3） if in the original judgment the facts were incorrectly or not clearly ascertained and the evidence was insufficient， the people's court of second instance shall make a written order to set aside the judgment and remand to case to the original people's court for retrial， or the people's court of second instance may amend the judgment after investigating and clarifying the facts； or

（4） if there was violation of legal procedure in making the original judgment， which may have affected correct adjudication， the judgment shall be set aside by a written order and the case remanded to the original people's court for retrial. The parties concerned may appeal against the judgment or written order rendered in a retrial of their case.

Article 154 The people's court of second instance shall decide in the form of orders in writing all cases of appeal against the written orders made by the people's court of first instance.

Article 155 In dealing with a case on appeal， a people's court of second instance may conduct conciliation. If an agreement is reached through conciliation， a conciliation statement shall be made and signed by the judicial officers and the court clerk， with the seal of the people's court affixed to it.

After the conciliation statement has been served， the original judgment of the lower court shall be deemed as set aside.

Article 156 If an appellant applies for withdrawal of his appeal before a people's court of second instance pronounces its judgment， the court shall decide whether to approve the application or not.

Article 157 In the trial of a case on appeal， the people's court of second instance shall， apart from observing the provisions of this Chapter， follow the ordinary procedure for trials of first instance.

Article 158 he judgment and the written order of a people's court of second instance shall be final.

Article 159 The people's court trying a case on appeal shall conclude the case within three months after docketing the case. Any extension of the period necessitated by special circumstances shall be subject to the approval of the president of the court.

The people's court trying a case on appeal against a written order shall， within 30 days after docketing the case for second instance trial， make a written order which is final.

Chapter XV Special Procedure

Section 1 General Provisions

Article 160 When the people's courts try cases concerning the qualification of voters， the declaration of a person as missing or dead， the adjudgment of legal incapacity or restricted legal capacity of a citizen and the adjudgment of a property as ownerless， the provisions of this Chapter shall apply. For matters not covered in this Chapter， the relevant provisions of this Law and other laws shall apply .

Article 161 In cases tried in accordance with the procedure provided in this Chapter， the judgment of first instance shall be final . A collegial panel of judges shall be formed for the trial of any case in involving the qualification of voters or of any major， difficult or complicated case； other cases shall be tried by a single judge alone.

Article 162 If a people's court， while trying a case in accordance with the procedure provided in this Chapter， finds that the case involves a civil dispute over rights and interests， it shall make a written order to terminate the special procedure and inform the interested parties to otherwise institute and action.

Article 163 A people's court trying a case in which special procedure is followed shall conclude the case within 30 days after placing the case on the docket or within 30 days after expiration of the period stated in the public notice. Any extension of the time limit necessitated by special circumstances shall be subject to the approval of the president of the court， excepting， however， a case concerning the qualification of voters.

Section 2 Cases Concerning the Qualification of Voters

Article 164 If a citizen refuses to accept an election committee's decision on an appeal concerning his voting qualification， he may， five days before the election day， bring a suit in the basic people's court located in the electoral district.

Article 165 After entertaining a case concerning voting qualification， a people's court must conclude the trial before the election day.

The party who brings the suit， the representative of the election committee and other citizens concerned must participate in the proceedings.

The written judgment of the people's court shall be served on the election committee and the party who brings the suit before the election day； other citizens concerned shall be notified of the judgment.

Section 3 Cases Concerning the Declaration of a Person as Missing or Dead

Article 166 With respect to a citizen whose whereabouts are unknown for two years in full， if the interested party applies for declaring the person as missing， the application shall be filed with the basic people's court in the locality where the missing person has his domicile.

The application shall clearly state the facts and time of the disappearance of the person missing as well as the motion； documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.

Article 167 With respect to a citizen whose whereabouts are unknown for four years in full or whose whereabouts are unknown for two years in full after an accident in which he was involved， or with respect to a citizen whose whereabouts are unknown after such an accident， and， upon proof furnished by the relevant authorities that it is impossible for him to survive， if the interested party applies for declaring such person as dead， the application shall be filed with the basic people's court in the locality where the missing person has his domicile.

The application shall clearly state the facts and time of the disappearance as well as the motion； documentary evidence from a public security organ or other relevant organs concerning the disappearance of the citizen shall be appended to the application.

Article 168 After entertaining a case concerning the declaration of a person as missing or dead， the people's court shall issue a public notice in search of the person missing. The period of the public notice for declaring a person as missing shall be three months， and that for declaring a person as dead shall be one year. Where a citizen's whereabouts are unknown after an accident in which he was involved and， upon proof furnished by the relevant authorities that it is impossible for him to survive， the period of the public notice for proclaiming such person as dead shall be three months.

On the expiration of the period of the public notice， the people's court shall， depending on whether the fact of the missing or death of the person has been confirmed， make a judgment declaring the person missing or dead or make a judgment rejecting the application.

Article 169 If a person who has been declared missing or dead by a people's court reappears， the people's court shall， upon the application of that person or of an interested party， make a new judgment and annul the previous one.

Section 4 Cases Concerning the Adjudgment of Legal Incapacity or Restricted Legal Capacity of Citizens

Article 170 An application for adjudgment of legal incapacity or restricted legal capacity of a citizen shall be filed by the citizen's near relatives or any other interested party with the basic people's court in the locality where the citizen has his domicile.

The application shall clearly state the fact and grounds of the citizen's legal incapacity or restricted legal capacity.

Article 171 After accepting such an application， the people's court shall， when necessary， have an expert evaluation of the citizen of whom the determination of legal incapacity or restricted legal capacity is sought； if the applicant has already provided an evaluation conclusion， the people's court shall examine such conclusion.

Article 172 In the trial by the people's court of a case for the determination of legal incapacity or restricted legal capacity of a citizen， a near relative of the citizen shall be his agent， the applicant being excluded.

If the near relatives of the citizen shift responsibility onto one another， the people's court shall appoint one of them as agent for the citizen. If the citizen's condition of health permits， the people's court shall also seek the opinion of the citizen on the matter.

If， through the trial， the people's court finds that the application is based on facts， a judgment of legal incapacity or restricted legal capacity of the citizen shall be made； if the court finds that the application is not based on facts， it shall make a judgment rejecting the application.

Article 173 If， upon the application of a person who has been determined as one of legal incapacity or restricted legal capacity or upon the application of his guardian， the people's court confirms that the causes of that person's legal incapacity or restricted legal capacity have been eliminated， a new judgment shall be made annulling the previous one.

Section 5 Cases Concerning the Determination of a Property as Ownerless

Article 174 An application for determining a property as ownerless shall be filed by a citizen， legal person or any other organization with the basic people's court in the place where the property is located.

The application shall clearly state the type and quantity of the property and the grounds on which the application for determining the property as ownerless is filed.

Article 175 The people's court shall， after accepting such an application and upon examination and verification of it， issue a public notice calling on the owner to claim the property. If no one claims the property one year after the issue of the public notice， the people's court shall make a judgment determining the property as ownerless and turn it over to the State or the collective concerned.

Article 176 If， after a property has been determined by a judgment as ownerless， the owner of the property or his successor appears， such a person may file a claim for the property within the period of limitation specified in the General Principles of the Civil Law. The people's court shall， after examination and verification of the claim， make a new judgment， annulling the previous one.

Chapter XVI Procedure for Trial Supervision

Article 177 If the president of a people's court at any level finds definite error in a legally effective judgment or written order of his court and deems it necessary to have the case retried， he shall refer it to the judicial committee for discussion and decision.

If the Supreme People's Court finds definite error in a legally effective judgement or written order of a local people's court at any level， or if a people's court at a higher level finds some definite error in a legally effective judgment or written order of a people's court at a lower level， it shall respectively have the power to bring the case up for trial by itself or direct the people's court at a lower level to conduct a retrial.

Article 178 If a party to an action considers that there is error in a legally effective judgment or written order， he may apply to the people's court which originally tried the case or to a people's court at the next higher level for a retrial； however， execution of the judgment or order shall not be suspended