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Civil Procedure Law: People’s Republic of China

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 peoples' courts shall apply the provisions of this Law.

Contents

Part One General Provisions

Chapter I The Aim, Scope of Application and Basic Principles

Chapter II JurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case.

Section 1 Jurisdiction by Forum Level

Section 2 Territorial Jurisdiction

Section 3 Transfer and Designation of Jurisdiction

Chapter III Trial Organization

Chapter IV Withdrawal

Chapter V Participants in Proceedings

Section 1 Parties

Section 2 Agents ad Liter

Chapter VI Evidence

Chapter VII TimeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) Periods and Service

Section 1 Time Periods

Section 2 Service

Chapter VIII Conciliation

Chapter IX Property Preservation and Advance Execution

Chapter X Compulsory Measures Against Obstruction of Civil Proceedings

Chapter XI Litigation Costs

Part Two Trial Procedure

Chapter XII Ordinary Procedure of First Instance

Section 1 Bringing a Lawsuit and Entertaining a Case

Section 2 Preparations for Trial

Section 3 Trial in Court

Section 4 Suspension and Termination of Litigation

Section 5 JudgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2).  Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) and Order

Chapter XIII Summary Procedure

Chapter XIV Procedure of Second Instance

Chapter XV Special Procedure

Section 1 General Provisions

Section 2 Cases Concerning the Qualification of Voters

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

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

Section 5 Cases Concerning the Determination of a Property as Ownerless

Chapter XVI Procedure for Trial Supervision

Chapter XVII Summary Procedure for Hastening Recovery of a Debt

Chapter XVIII Procedure for Publicizing Public Notice for Assertion of Claims

Chapter XIX Bankruptcy and Debt Repayment Proceedings for Legal Person Enterprises

Part Three Procedure of Execution

Chapter XX General Stipulations

Chapter XXI Application for Execution and Referral

Chapter XXII Execution Measures

Chapter XXIII Suspension and Termination of Execution

Part Four Special Provisions for Civil Proceedings of Cases Involving Foreign Element

Chapter XXIV General Principles

Chapter XXV Jurisdiction

Chapter XXVI Service and Time Periods

Chapter XXVII Property Preservation

Chapter XXVIII Arbitration

Chapter XXIX Judicial Assistance


(Adopted at the Fourth Session of the Seventh National People’s Congress and promulgated by Order No. 44 of the President of the People’s RepublicRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of  Indian judges, presidential power is a vanishing point. of China on April 9, 1991)