(1). The Law of Civil Procedure of the PRC takes the Constitution as its basis, which is enacted in the light of China’s experience in handling civil cases and the actual conditions.
中华人民共和国民事诉讼法以宪法为根据,结合我国民事审判工作的经验和实际情况制定。
(2). The tasks of the Law of Civil Procedure of the PRC are to protect the party from a lawsuit in exercising its litigant rights
中华人民共和国民事诉讼法的任务,是保护当事人行使诉讼权利
(3). And to ensure that the People’s Court establishes the truth based on facts, distinguishes right from wrong, applies laws correctly, handles civil cases promptly
保证人民法院查明事实,分清是非,正确适用法律,及时审理民事案件
(4). Ascertains the relationship between civil rights and obligations, takes sanctions against civil violations, safeguards the legitimate rights and interests of the party to a lawsuit
确认民事权利义务关系,制裁民事违法行为,保护当事人的合法权益
(5). Educates the citizens to abide conscientiously by the law, safeguards social and economic order and ensures the smooth progress of socialist construction.
教育公民自觉遵守法律,维护社会秩序、经济秩序,保障社会主义建设事业顺利进行。
(6). Provisions of the Law apply to civil lawsuits between citizens, between legal persons and between other organizations, as well as among them, filed because of property and personal relationship, and are handled by the People’s Court.
人民法院受理公民之间、法人之间、其他组织之间以及他们相互之间因财产关系和人身关系提起的民事诉讼,适用本法的规定。
(7). Civil proceedings within the territory of the PRC shall abide by this Law.
凡在中华人民共和国领域内进行民事诉讼,必须遵守本法。
(8). In filing a lawsuit and responding to a lawsuit in the People’s Court, foreigners, people without nationality, foreign enterprises and other organizations
外国人、无国籍人、外国企业和组织在人民法院起诉、应诉
(9). Shall have the same equal litigant rights and obligations as the citizens, legal persons and other organizations of the PRC.
同中华人民共和国公民、法人和其他组织有同等的诉讼权利义务。
(10). Should the court of a foreign country restrict the civil litigant rights of the citizens, legal persons and other organizations of the PRC
外国法院对中华人民共和国公民、法人和其他组织的民事诉讼权利加以限制的
(11). The People’s Court of the PRC shall exercise a reciprocal principle on the civil litigant rights of the citizens, enterprises and other organizations of that country.
中华人民共和国人民法院对该国公民、企业和组织的民事诉讼权利,实行对等原则。
(12). The judicial authority over civil cases is exercised by the People’s Court.
民事案件的审判权由人民法院行使。
(13). In civil proceedings, the People’s Court administers justice independently according to law, subject to no interference by administrative organs, organizations or individuals.
人民法院依照法律规定对民事案件独立进行审判,不受行政机关、社会团体和个人的干涉。
(14). In civil proceedings, the People’s Court shall base itself on facts and take the law as the criterion.
人民法院审理民事案件,必须以事实为根据,以法律为准绳。
(15). In civil proceedings, the litigants shall have equal litigant rights.
民事诉讼当事人有平等的诉讼权利。
(16). In handling a civil case, the People’s Court shall ensure and make it convenient for the litigants to exercise their litigant rights, in the application of the law, the litigants are deemed as equals.
人民法院审理民事案件,应当保障和便利当事人行使诉讼权利,对当事人在适用法律上一律平等。
(17). In civil proceedings, the People’s Court shall promote mediation in accordance with the principle of voluntariness and legitimacy, a court decision shall be made promptly when mediation has failed.
人民法院审理民事案件,应当根据自愿和合法的原则进行调解,调解不成的,应当及时判决。
(18). In civil proceedings, the People’s Court practices the system of collegiate bench, withdrawal and public trial, and the system of two instances, the first and the final.
人民法院审理民事案件,依照法律规定实行合议、回避、公开审判和两审终审制度。
(19). Citizens of all nationalities have the right to use their own languages, spoken or written, in civil proceedings.
各民族公民都有用本民族语言、文字进行民事诉讼的权利。
(20). In districts compactly inhabited by a minority nationality or by a number of nationalities, the People’s Court shall hear cases and issue legal documents in the commonly used language in the locality.
在少数民族聚居或者多民族共同居住的地区,人民法院应当用当地民族通用的语言、文字进行审理和发布法律文书。
(21). The People’s Court shall provide interpretation for a litigant participant unacquainted with the spoken or written language commonly used in the locality.
人民法院应当对不通晓当地民族通用的语言、文字的诉讼参与人提供翻译。
(22). When the People’s Court is hearing a civil case, the litigant has the right of debate.
人民法院审理民事案件时,当事人有权进行辩论。
(23). Litigants have the right of disposing of their own civil rights and litigant rights within the limits prescribed by law.
当事人有权在法律规定的范围内处分自己的民事权利和诉讼权利。
(24). The People’s Procuratorate has the right of legal supervision over the trials of civil cases.
人民检察院有权对民事审判活动实行法律监督。
(25). Organs, social organizations, enterprises and institutions may support the injured units or individuals to file a suit with the People’s Court against acts that damaged the civil rights or interests of the state, collectives or individuals.
机关、社会团体、企业事业单位对损害国家、集体或者个人民事权益的行为,可以支持受损害的单位或者个人向人民法院起诉。
(26). The People’s Mediation Committee is a mass organization that mediates civil disputes under the guidance of the ground-level people’s government and ground-level people’s court.
人民调解委员会是在基层人民政府和基层人民法院指导下,调解民间纠纷的群众性组织。人民调解委员会依照法律规定,根据自愿原则进行调解。
(27). The People’s Mediation Committee conducts mediation according to the law and the principle of voluntariness.
当事人对调解达成的协议应当履行
(28). Litigants shall honor the agreement reached through mediation, those who do not wish to mediate, or fail to reconcile their difference, or go back on their word, may file a suit at the People’s Court.
不愿调解、调解不成或者反悔的,可以向人民法院起诉。
(29). The People’s Court shall correct any violations of law committed by the People’s Mediation Committee during mediation.
人民调解委员会调解民间纠纷,如有违背法律的,人民法院应当予以纠正。
(30). The People’s Congress of ethnic autonomous regions may draft flexible or supplementary provisions in accordance with the principles incorporated in the Constitution and this Law, as well as the specific ethnic conditions in their localities.
民族自治地方的人民代表大会根据宪法和本法的原则,结合当地民族的具体情况,可以制定变通或者补充的规定。
(31). The provisions of an autonomous region shall be reported to the NPC Standing Committee for ratification.
自治区的规定,报全国人民代表大会常务委员会批准。
(32). The provisions of an autonomous prefecture and county shall be reported to the standing committee of the provincial or autonomous regional people’s congress for ratification, and to the NPC Standing Committee for the record.
自治州、自治县的规定,报省或者自治区的人民代表大会常务委员会批准,并报全国人民代表大会常务委员会备案。
(33). Unless otherwise stipulated in this Law, the ground-level people’s court is competent to rule on the first instance of civil cases.
基层人民法院管辖第一审民事案件,但本法另有规定的除外。
(34). The intermediate people’s court is competent to rule on the first instance of the following cases
中级人民法院管辖下列第一审民事案件
(35). Cases of great impact within its jurisdiction
在本辖区有重大影响的案件
(36). Cases determined by the Supreme People’s Court as coming under its jurisdiction.
最高人民法院确定由中级人民法院管辖的案件。
(37). The Higher People’s Court is competent to rule on the first instance of civil cases having great impact within its jurisdiction.
高级人民法院管辖在本辖区有重大影响的第一审民事案件。
(38). The Supreme People’s Court is competent to rule on the first instance of the following civil cases
最高人民法院管辖下列第一审民事案件
(39). Cases it deems necessary to try.
认为应当由本院审理的案件。
(40). A civil suit against a citizen comes under the jurisdiction of the people’s court at the place where the defendant is domiciled
对公民提起的民事诉讼,由被告住所地人民法院管辖
(41). Where the defendant’s domicile and regular abode is different, the case comes under the jurisdiction of the people’s court at the place of his regular abode.
被告住所地与经常居住地不一致的,由经常居住地人民法院管辖。
(42). A civil suit against an institution or any other organization comes under the jurisdiction of the people’s court at the place where the defendant is registered.
对法人或者其他组织提起的民事诉讼,由被告住所地人民法院管辖。
(43). When the domiciles and regular abodes of several defendants in the same civil suit come under the jurisdiction of two or more people’s courts, they all have the right of jurisdiction.
同一诉讼的几个被告住所地、经常居住地在两个以上人民法院辖区的,各该人民法院都有管辖权。
(44). The following civil suits come under the jurisdiction of the people’s court at the place where the plaintiff is domiciled
下列民事诉讼,由原告住所地人民法院管辖
(45). Where the plaintiff’s domicile and regular abode is different, the case comes under the jurisdiction of the people’s court at the place of his regular abode
原告住所地与经常居住地不一致的,由原告经常居住地人民法院管辖
(46). Actions concerning the identity of persons who do not reside within the domain of the PRC
对不在中华人民共和国领域内居住的人提起的有关身份关系的诉讼
(47). Actions concerning the identity of persons whose whereabouts are unknown or who have been declared missing
对下落不明或者宣告失踪的人提起的有关身份关系的诉讼
(48). Actions against persons undergoing re-education through labor
对被劳动教养的人提起的诉讼
(49). Actions against persons in prison.
对被监禁的人提起的诉讼。
(50). Actions arising from disputes over contracts come under the jurisdiction of the people’s court at the place of their signing or the place of their implementation.
因合同纠纷提起的诉讼,由被告住所地或者合同履行地人民法院管辖。....(please sign in for more)
(51). The two parties to a contract may specify in writing, the jurisdiction of the people’s court of their choice with regard to the defendant’s registered address
合同的双方当事人可以在书面合同中协议选择被告住所地、....(please sign in for more)
(52). The place for honoring the contract, the place where the contract is signed, the plaintiff’s registered address and the place of the tendered object
合同履行地、合同签订地、原告住所地、标的物所在地人民法院管辖....(please sign in for more)
(53). But they must not violate the provisions on differentiated jurisdiction and special jurisdiction in this Law.
但不得违反本法对级别管辖和专属管辖的规定。....(please sign in for more)
(54). Actions arising from disputes over insurance contracts come under the jurisdiction of the people’s court at the place of the defendant’s registered address, or at the place of the insured objects.
因保险合同纠纷提起的诉讼,由被告住所地或者保险标的物所在地人民法院管辖。....(please sign in for more)
(55). Actions arising from disputes over negotiable instruments come under the jurisdiction of the people’s court at the place where the payment is to be made, or at the place where the defendant domiciled.
因票据纠纷提起的诉讼,由票据兑付地或者被告住所地人民法院管辖。....(please sign in for more)
(56). Actions arising from disputes over contracts concerning rail, road, water, air or through transportation come under the jurisdiction of people’s court at the place of departure, destination or the place where the defendant is registered.
因铁路、公路、水上、航空运输和联合运输合同纠纷提起的诉讼,由运输始发地、目的地或者被告住所地人民法院管辖。....(please sign in for more)
(57). Actions against acts of encroachment come under the jurisdiction of the people’s court at the place where such acts are committed or at the place where the defendant is domiciled.
因侵权行为提起的诉讼,由侵权行为地或者被告住所地人民法院管辖。....(please sign in for more)
(58). Actions claiming compensation for damage arising from rail, road, water and air accidents come under the jurisdiction of the people’s court at the place where such accidents occurred
因铁路、公路、水上和航空事故请求损害赔偿提起的诉讼,由事故发生地....(please sign in for more)
(59). Or at the place where the vehicles or ships first arrived, or at the place where the aircraft first landed, or at the place where the defendant is registered.
或者车辆、船舶最先到达地、航空器最先降落地或者被告住所地人民法院管辖。....(please sign in for more)
(60). Actions claiming compensation for damage from ship collisions or other maritime accidents come under the jurisdiction of the people’s court
因船舶碰撞或者其他海事损害事故请求损害赔偿提起的诉讼....(please sign in for more)
(61). At the place where such collisions took place, or at the port where the damaged ship first arrived, or at the port where the ship responsible for the damage is detained or registered.
由碰撞发生地、碰撞船舶最先到达地、加害船舶被扣留地或者被告住所地人民法院管辖。....(please sign in for more)
(62). Actions claiming salvage money come under the jurisdiction of the people’s court at the place of the salvage or at the port where the salvaged ship first arrived.
因海难救助费用提起的诉讼,由救助地或者被救助船舶最先到达地人民法院管辖。....(please sign in for more)
(63). Actions claiming common sea damage come under the jurisdiction of the people’s court at the port where the ship first arrived, or at the place where common sea damage is settled, or at the port where the journey ends.
因共同海损提起的诉讼,由船舶最先到达地、共同海损理算地或者航程终止地的人民法院管辖。....(please sign in for more)
(64). The following cases come under the special jurisdiction of the people’s court provided for by this article
下列案件,由本条规定的人民法院专属管辖....(please sign in for more)
(65). Actions started on account of disputes over immovable property come under the jurisdiction of the people’s court at the place of the immovable property
因不动产纠纷提起的诉讼,由不动产所在地人民法院管辖....(please sign in for more)
(66). Actions started on account of disputes arising from harbor operations come under the jurisdiction of the people’s court at the place of the harbor
因港口作业中发生纠纷提起的诉讼,由港口所在地人民法院管辖....(please sign in for more)
(67). Actions started on account of disputes over inheriting property come under the jurisdiction of the people’s court at the place of the residence of the benefactor at the time of his death or the place of the principal property.
因继承遗产纠纷提起的诉讼,由被继承人死亡时住所地或者主要遗产所在地人民法院管辖。....(please sign in for more)
(68). Where an action comes under the jurisdiction of two or more people’s courts, the plaintiff may file a suit at any of them
两个以上人民法院都有管辖权的诉讼,原告可以向其中一个人民法院起诉....(please sign in for more)
(69). Where the plaintiff brings an action with two or more people’s courts which are competent, the case shall be handled by the people’s court that is the first to place the case on file.
原告向两个以上有管辖权的人民法院起诉的,由最先立案的人民法院管辖。....(please sign in for more)
(70). When a people’s court becomes aware that the case it is handling does not come under its jurisdiction, it shall transfer the case to the competent people’s court which shall handle the case.
人民法院发现受理的案件不属于本院管辖的,应当移送有管辖权的人民法院,受移送的人民法院应当受理。....(please sign in for more)
(71). When a people’s court considers that, according to the rules, it does not have the right of jurisdiction over a case referred to it
受移送的人民法院认为受移送的案件依照规定不属于本院管辖的....(please sign in for more)
(72). It shall request the superior people’s court level to designate the jurisdiction and shall make no further transfer by itself.
应当报请上级人民法院指定管辖,不得再自行移送。....(please sign in for more)
(73). Where the competent people’s court is unable to perform its right of jurisdiction on special accounts.
有管辖权的人民法院由于特殊原因,不能行使管辖权的,由上级人民法院指定管辖。....(please sign in for more)
(74). Where the right of jurisdiction is in dispute between people’s courts, it shall be resolved through consultation by the two parties involved
人民法院之间因管辖权发生争议,由争议双方协商解决....(please sign in for more)
(75). Where consultation has failed, they shall request their common superior people’s court to designate the jurisdiction.
协商解决不了的,报请它们的共同上级人民法院指定管辖。....(please sign in for more)
(76). Where a party has an objection to the right of jurisdiction after the case is accepted by the people’s court, the party shall raise its objection at the time of submitting a written reply.
人民法院受理案件后,当事人对管辖权有异议的,应当在提交答辩状期间提出。....(please sign in for more)
(77). The people’s court shall examine the objection raised by the party. Where the objection is tenable, a ruling shall be made to transfer the case to the competent people’s court, where the objection is untenable, it shall reject the objection.
人民法院对当事人提出的异议,应当审查。异议成立的,裁定将案件移送有管辖权的人民法院,异议不成立的,裁定驳回。....(please sign in for more)
(78). A superior people’s court has the right to conduct as the first instance the trial of a civil case which is under the jurisdiction of an inferior people’s court
上级人民法院有权审理下级人民法院管辖的第一审民事案件....(please sign in for more)
(79). It may also refer a civil case under its own jurisdiction of first instance to an inferior people’s court for trial.
也可以把本院管辖的第一审民事案件交下级人民法院审理。....(please sign in for more)
(80). Where an inferior people’s court considers that a civil case of first instance under its jurisdiction should be tried by a superior people’s court, it may request that the case be referred to the latter.
下级人民法院对它所管辖的第一审民事案件,认为需要由上级人民法院审理的,可以报请上级人民法院审理。....(please sign in for more)
(81). In civil cases of first instance in the people’s court, justice is administered by a collegiate bench made up of either judges and assessors, or only of judges. Members of the collegiate bench must total an odd number.
人民法院审理第一审民事案件,由审判员、陪审员共同组成合议庭或者由审判员组成合议庭。合议庭的成员人数,必须是单数。....(please sign in for more)
(82). In civil cases where simple procedures are applicable, justice is administered by one judge independently.
适用简易程序审理的民事案件,由审判员一人独任审理。....(please sign in for more)
(83). Assessors during the exercise of their functions have equal rights and obligations with the judges.
陪审员在执行陪审职务时,与审判员有同等的权利义务。....(please sign in for more)
(84). In civil cases of second instance in the people’s court, justice is administered by a collegiate bench made up of judges. Members of the collegiate bench must total an odd number.
人民法院审理第二审民事案件,由审判员组成合议庭。合议庭的成员人数,必须是单数。....(please sign in for more)
(85). The trial de novo of a case returned shall be conducted by a newly organized collegiate bench in the trial court in accordance with the procedure of first instance.
发回重审的案件,原审人民法院应当按照第一审程序另行组成合议庭。....(please sign in for more)
(86). A case originally of first instance shall be tried de novo by a newly organized collegiate bench in accordance with the procedure of first instance
审理再审案件,原来是第一审的,按照第一审程序另行组成合议庭....(please sign in for more)
(87). A case originally of second instance shall be tried de novo by a newly organized collegiate bench in accordance with the procedure of second instance.
原来是第二审的或者是上级人民法院提审的,按照第二审程序另行组成合议庭。....(please sign in for more)
(88). The presiding judge of the collegiate bench shall be appointed by the president of the court or by a chief judge from among the judges
合议庭的审判长由院长或者庭长指定审判员一人担任....(please sign in for more)
(89). Where the president of the court or the chief judge takes part in the trial, he shall act as the presiding judge.
院长或者庭长参加审判的,由院长或者庭长担任。....(please sign in for more)
(90). The principle of the minority being subordinate to the majority is followed in the deliberation of the collegiate bench.
合议庭评议案件,实行少数服从多数的原则。....(please sign in for more)
(91). The minutes of the deliberation shall be made and signed by all members of the collegiate bench. Differing opinions must be recorded accurately.
评议应当制作笔录,由合议庭成员签名。评议中的不同意见,必须如实记入笔录。....(please sign in for more)
(92). Judges shall handle cases impartially and in accordance with the law.
审判人员应当依法秉公办案。....(please sign in for more)
(93). Judges may not accept dinner invitations or gifts from the litigants or their legal representatives.
审判人员不得接受当事人及其诉讼代理人请客送礼。....(please sign in for more)
(94). The legal liability of judges, who take bribes, practice favouritism, engage in fraudulent practices and bend the law in administering justice, shall be pursued.
审判人员有贪污受贿,徇私舞弊,枉法裁判行为的,应当追究法律责任....(please sign in for more)
(95). In any of the following circumstances, a judge must withdraw from the exercise of his functions, and a litigant is entitled to challenge him in verbal or written form
审判人员有下列情形之一的,必须回避,当事人有权用口头或者书面方式申请他们回避....(please sign in for more)
(96). Where he is a litigant in the case or a close relative of a litigant or his legal representative
是本案当事人或者当事人、诉讼代理人的近亲属....(please sign in for more)
(97). Where he has an interest in the case
与本案有利害关系....(please sign in for more)
(98). Where he has other relations with a litigant, which may affect fairness in the administration of justice.
与本案当事人有其他关系,可能影响对案件公正审理的。....(please sign in for more)
(99). The provisions of the preceding paragraph are applicable to recording clerks, interpreters, expert witnesses and inspectors.
前款规定,适用于书记员、翻译人员、鉴定人、勘验人。....(please sign in for more)
(100). In challenging, a litigant shall submit the reasons at the beginning of the hearing
当事人提出回避申请,应当说明理由,在案件开始审理时提出....(please sign in for more)