中华人民共和国民事诉讼法2012(英文版)Civil Procedure Law of t

中华人民共和国民事诉讼法2012(英文版)Civil Procedure Law of the People’s Republic of China2012

烟台大学法学院

法律硕士张川方

中华人民共和国民事诉讼法2012

Civil Procedure Law of the People’s Republic of China

(Adopted at the Fourth Session of the Seventh National People’s Congress on April 9th, 1991

Amended for the first time in accordance with the Decision on Amending the Civil Procedure Law of the People’s Republic of China at the 30th Meeting of the Standing Committee of the Tenth National People’s Congress on October 28th, 2007

Amended for the second time in accordance with the Decision on Amending the Civil Procedure Law of the People’s Republic of China at the 28th Meeting of the Standing Committee of the Eleventh National People’s Congress on August 31st, 2012)

Part I General Provisions

C-I Aim, Scope of Application and Basic Principles

Article 1

The Civil Procedure Law of the People's Republic of China is formulated on the basis of the Constitution and in the light of(结合)the experience and actual conditions of our country in the trial of civil cases(民事审判工作). 2012-9-6 8:34:45

Article 2

The Civil Procedure Law of the People's Republic of China aims to protect the exercise of the litigation rights(诉讼权利)of the parties and ensure that the people's court can ascertain the facts of civil cases, distinguish right from wrong, apply the law correctly, try civil cases promptly, affirm(确认)civil rights and obligations, impose sanctions for civil wrongs(民事违法行为)and protect the lawful rights and interests of the parties, so as to educate citizens to voluntarily abide by the law, maintain the social and economic order, and guarantee the smooth progress of the socialist construction.

Article 3

In dealing with civil litigation arising from disputes on property and personal relations between citizens, legal persons or other organizations and between the three of them, the people's court shall apply the provisions of this Law.

Article 4

Whoever engages in civil litigation within the territory of the People's Republic of China must abide by this Law.

Article 5

(1) Aliens, stateless persons, foreign enterprises and organizations that bring suits(起诉)or enter appearance in the people's court(应诉)shall have the same litigation rights and obligations as citizens, legal persons and other organizations of the People's Republic of China.

(2) If the court of a foreign country imposes restrictions on the civil litigation rights of the citizens, legal persons and other organizations of the People's Republic of China, the people's courts of the People's Republic of China shall follow the principle of reciprocity(对等原则) regarding the civil litigation rights of the citizens, enterprises and organizations of that foreign country.

中华人民共和国民事诉讼法2012(英文版)Civil Procedure Law of the People’s Republic of China2012

Article 6

(1) The people's court shall exercise judicial powers with respect to civil cases.

(2) The people's court shall try civil cases independently in accordance with the law, and shall be subject to no interference by any administrative organ, public organization(社会团体)or inpidual.

Article 7

In trying civil cases, the people's court must base itself on facts and take the law as the criterion.

Article 8

The parties in civil litigation shall have equal litigation rights. The people's court shall, in conducting the trials, safeguard and facilitate the exercising of their rights, and apply the law equally to them.

Article 9

In trying civil cases, the people's court shall conduct conciliation(调解)for the parties on a voluntary and lawful basis. If conciliation fails, judgments shall be rendered without delay.

Article 10

In trying civil cases, the people's court shall, according to the provisions of the law, follow the systems of panel hearing(合议), withdrawal(回避), public trial and the court of second instance being that of last instance(两审终审).

Article 11

(1) Citizens of all ethnics shall have the right to use their native spoken and written languages(语言、文字) in civil proceedings(民事诉讼程序).

(2) Where people of a minority group live in a concentrated community(聚居) or where several peoples live together in one area(共同居住), the people's court shall conduct hearings(进行审理)and issue legal documents in the spoken and written language commonly used by the local people(当地民族).

(3) The people's court shall provide translations for any participant in court proceedings(诉讼参与人) who is not familiar with the spoken or written language commonly used by the local people.

Article 12

Parties to civil actions are entitled in the trials by the people's court to argue for themselves.

Article 13

(1) The principle of honesty and credibility(诚实信用) shall be followed in civil proceedings.

(2) The parties are free to deal with their own civil rights and litigation rights the way they prefer(有权)within the scope provided by the law.

Article 14

The people's procuratorate shall have the right to exercise legal supervision over civil proceedings.

Article 15

中华人民共和国民事诉讼法2012(英文版)Civil Procedure Law of the People’s Republic of China2012

Where an act has infringed upon the civil rights and interests of the State, a collective organization or an inpidual, any State organ, public organization, enterprise or institution(事业单位) may support the injured unit(单位)or inpidual to bring an action in the people's court.

Article 16

The people's congresses of the national autonomous areas may formulate, in accordance with the Constitution and the principles of this Law, and in co …… 此处隐藏：42923字，全部文档内容请下载后查看。喜欢就下载吧 ……