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Article 106 Any decision on the adoption of compulsory measures against obstruction of civil actions shall be made by the people’s court. Any unit or individual pressing a debt payment by unlawfully detaining a person or illegally seizing other people’s property shall be investigated for criminal liabilities according to law or may be punished by detention or fine.
Chapter 11 Litigation Expenses
Article 107 Any party filing a civil lawsuit shall pay a case handling fee according to relevant regulations. For cases involving property, the party shall pay other litigation expenses, in addition to case handling fee.
Parties who truly have difficulties to pay litigation expenses may, according to relevant regulations, petition the people’s court to postpone, reduce, or wave the payment.
Procedures for the payment of litigation expenses shall be formulated separately.
Part Two Trial Procedure
Chapter 12 Ordinary Procedure of First Instance
Section 1 Filing and Accepting Lawsuits
Article 108 The following conditions must be met before a lawsuit is filed:
(1)The plaintiff must be a citizen, legal person, or an organization having a direct interest with the case;
(2)There must be a specific defendant;
(3)There must be a concrete claim, a factual basis, and a cause for the lawsuit; and
(4)The lawsuit must be within the scope of civil lawsuits to be accepted by the people’s courts and within the jurisdiction of the people’s court to which the lawsuit is filed.
Article 109 When filing a lawsuit, the motion of complaint shall be submitted to the people’s court with enough copies of the motion for all members of defendants.
If a plaintiff is truly difficult to write a motion of complaint, he may file his complaint orally, and the court shall record his complain in the transcript and inform the other party.
Article 110 A motion of complaint shall clearly state the following items:
(1)The name, sex, age, ethnicity, occupation, working unit, and address of parties or, if the parties are legal persons or organizations, their names and addresses and the names and positions of their legal representatives or principal leading personnel;
(2)The claims of the lawsuit and the facts and grounds on which the lawsuit is based; and