The Civil Procedure Law of China was promulgated in 1991, and amended in 2007, 2012 and 2017 respectively. The latest revision entered into force on July 1, 2017.
There are 284 articles in total. The Civil Procedure Law is divided into four parts and 28 Chapters
The key points are as follows:
Aliens, stateless persons and foreign enterprises and organizations that institute or respond to litigation in a people’s court shall have the same litigation rights and obligations as citizens, legal persons and other organizations of the People’s Republic of China.
In most instances, a civil action shall be under the jurisdiction of the people’s court in the place where the defendant is domiciled.
In most instances, an action involving a contractual dispute shall be under the jurisdiction of the people’s court of the place where the defendant is domiciled or where the contract is performed.
When trying a civil case of the first instance, a people’s court shall form a collegiate bench consisting of both judges and jurors or of judges alone. When trying a civil case of the second instance, a people’s court shall form a collegiate bench of judges.
A party or statutory agent may appoint one or two persons to act as his or her agent ad litem(s).
The judgment and ruling of a people’s court of second instance shall be final.
A legally effective civil judgment or ruling, or that portion of a legally effective criminal judgment or ruling that pertains to property, shall be enforced by the people’s court of first instance or the people’s court at the same level as the people’s court where the property subject to execution is located.
In trying civil cases involving foreign parties, a people’s court shall use the written and spoken language commonly used in the People’s Republic of China. At the request of a party, translation may be provided at the expense of such party.
An alien, stateless person or foreign enterprise or organization that needs to be represented by a lawyer as his, her or its agent ad litem in instituting and responding to an action in a people’s court shall appoint a lawyer of the People’s Republic of China.