The inspector shall make a written record of the circumstances and results of the inspection, which shall be duly signed or sealed by the inspector, the party concerned and the participants requested to be present.
Article 74 Under circumstances where there is a likelihood that evidence may be destroyed or lost, or difficult to obtain later, the participants in the proceedings may apply to the people's court for preservation of the evidence. The people's court may also on its own initiative take measures to preserve such evidence.
Chapter VII Time Periods and Service
Section 1 Time Periods
Article 75 Time periods shall include those prescribed by the law and those designated by a people's court.
Time periods shall be calculated by the hour, the day, the month and the year. The hour and day from which a time period begins shall not be counted as within the time period.
If the expiration date of a time period falls on a holiday, then the day immediately following the holiday shall be regarded as the expiration date.
A time period shall not include travelling time. A litigation document that is mailed before the deadline shall not be regarded as overdue.
Article 76 In case of failure on the part of a party to an action to meet a deadline due to force majeure or for other justified reasons, the party concerned may apply for an extension of the time limit within 10 days after the obstacle is removed. The extension applied for shall be subject to approval by a people's court.
Section 2 Service
Article 77 A receipt shall be required for every litigation document that is served and it shall bear the date of receipt noted by the signature or seal of the person on whom the document was served. The date noted on the receipt by the person on whom the document was served shall be regarded as the date of service of the document.
Article 78 Litigation documents shall be sent or delivered directly to the person on whom they are to be served. If that person is a citizen, the documents shall, in case of his absence, be receipted by an adult member of his family living with him. If the person on whom they are to be served is a legal person or any other organization, the documents shall be receipted by the legal representatives of the legal person or the principal heads of the other organization or anyone of the legal person or the other organization responsible for receiving such documents; if the person on whom they are to be served has an agent ad litem, the documents may be receipted by the agent ad litem; if the person on whom they are to be served has designated a person to receive litigation documents on his behalf and has informed the people's court of it, the documents may be receipted by the person designated.
The date put down in the receipt and signed by the adult family member living with the person or whom the litigation documents are to be served, or by the person responsible for receiving documents of a legal person or any other organization, or by the agent ad litem, or the person designated to receive documents shall be deemed the date of service of the documents.
Article 79 If the person on whom the litigation documents are to be served or the adult family member living with him refuses to receive the documents, the person serving the documents shall ask representatives from the relevant grassroots organization or the unit to which the person on
whom the documents are to be served belongs to appear on the scene, explain the situation to them, and record on the receipt the reasons of the refusal and the date of it. After the person serving the documents and the witnesses have affixed their signatures or seals to the receipt, the documents shall be left at the place where the person on whom they are to be served lives and the service shall be deemed completed.
Article 80 If direct service proves to be difficult, service of litigation documents may be entrusted to another people's court, or done by mail. If the documents are served by mail, the date stated on the receipt for postal delivery shall be deemed the date of service of the documents.
Article 81 If the person on whom the litigation documents are to be served is a militaryman, the documents shall be forwarded to him through the political organ of the unit at or above the regimental level in the force to which he belongs.
Article 82 If the person on whom the litigation documents are to be served is in imprisonment, the documents shall be forwarded to him through the prison authorities or the unit of reform through labour where the person is serving his term.
If the person on whom the litigation documents are to be served is undergoing rehabilitation through labour, the documents shall be forwarded to him through the unit of his rehabilitation through labour.
Article 83 The organization or unit that receives the litigation documents to be forwarded must immediately deliver them to and have them receipted by the person on whom they are to be served. The date stated on the receipt shall be deemed the date of service of the documents.
Article 84 If the whereabouts of the person on whom the litigation documents are to be served is unknown, or if the documents cannot be served by the other methods specified in this Section, the documents shall be served by public announcement. Sixty days after the public announcement is made, the documents shall be deemed to have been served.
The reasons for service by public announcement and the process gone through shall be recorded in the case files.
Chapter VIII Conciliation
Article 85 In the trial of civil cases, the people's court shall distinguish between right and wrong on
the basis of the facts being clear and conduct conciliation between the parties on a voluntary basis. Article 86 When a people's court conducts conciliation, a single judge or a collegial panel may preside over it. Conciliation shall be conducted on the spot as much as possible.
When a people's court conducts conciliation, it may employ simplified methods to notify the parties concerned and the witnesses to appear in court.
Article 87 When a people's court conducts conciliation, it may invite the units or individuals concerned to come to its assistance. The units or individuals invited shall assist the people's court in conciliation.
Article 88 A settlement agreement reached between the two parties through conciliation must be of their own free will and without compulsion. The content of the settlement agreement shall not contravene the law.
Article 89 When a settlement agreement through conciliation is reached, the people's court shall draw up a conciliation statement. The conciliation statement shall clearly set forth the claims, the facts of the case, and the result of the conciliation.
The conciliation statement shall be signed by the judge and the court clerk, sealed by the people's
court, and served on both parties.
Once it is receipted by the two parties concerned, the conciliation statement shall become legally effective.
Article 90 The people's court need not draw up a conciliation statement for the following cases when a settlement agreement is reached through conciliation:
(1) divorce cases in which both parties have become reconciled after conciliation; (2) cases in which adoptive relationship has been maintained through conciliation; (3) cases in which the claims can be immediately satisfied; and (4) other cases that do not require a conciliation statement.
Any settlement agreement that needs no conciliation statement shall be entered into the written record and shall become legally effective after being signed or sealed by both parties concerned, by the judge and by the court clerk.
Article 91 If no agreement is reached through conciliation or if either party backs out of the settlement agreement before the conciliation statement is served, the people's court shall render a judgment without delay.
Chapter IX Property Preservation and Advance Execution
Article 92 In the cases where the execution of a judgment may become impossible or difficult
because of the acts of either party or for other reasons, the people's court may, at the application of the other party, order the adoption of measures for property preservation. In the absence of such application, the people's court may of itself, when necessary, order the adoption of measures for property preservation.
In adopting property preservation measures, the people's court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected.
After receiving an application, the people's court must, if the case is urgent, make an order within 48 hours; if the order for the adoption of property preservation measures is made, the execution thereof shall begin immediately.
Article 93 Any interested party whose lawful rights and interests would, due to urgent circumstances, suffer irretrievable damage without immediately applying for property preservation, may, before filing a lawsuit, apply to the people's court for the adoption of property preservation measures. The applicant must provide security; if he fails to do so, his application shall be rejected. After receiving an application, the people's court must make an order within 48 hours; if the court orders the adoption of property preservation measures, the execution thereof shall begin immediately.
If the applicant fails to bring an action within 15 days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation.
Article 94 Property preservation shall be limited to the scope of the claims or to the property relevant to the case.
Property preservation shall be effected by sealing up, distraining, freezing or other methods as prescribed by the law.
After the people's court has frozen the property, it shall promptly notify the person whose property has been frozen.
The property that has already been sealed up or frozen shall not be sealed up or frozen for a second time.
Article 95 If the person against whom the application for property reservation is made provides
security, the people's court shall cancel the property reservation.
Article 96 If an application for property preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation.
Article 97 The people's court may, upon application of the party concerned, order advance execution in respect of the following cases:
(1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care; (2) those involving claims for remuneration for labour; and
(3) those involving urgent circumstances that require advance execution.
Article 98 Cases in which advance execution is ordered by the people's court shall meet the following conditions:
(1) the relationship of rights and obligations between the parties concerned is clear and definite, and denial of advance execution would seriously affect the livelihood or production operations of the applicant; and
(2) the person against whom the application for advance execution is made is capable of fulfilling his obligations.
The people's court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected. If the applicant loses the lawsuit, he shall compensate the person against whom the application is made for any loss of property incurred from the advance execution.
Article 99 If the party concerned is not satisfied with the order made on property preservation or execution, he may apply for reconsideration which could be granted only once. Execution of the order shall not be suspended during the time of reconsideration.
Chapter X Compulsory Measures Against Obstruction of Civil Proceedings
Article 100 If a defendant is required to appear in court, but, having been served twice with
summons, still refuses to do so without justified reason, the people's court may constrain him to appear in court by a peremptory writ.
Article 101 Participants and other persons in the court proceedings shall abide by the court rules. If a person violates the court rules, the people's court may reprimand him, or order him to leave the courtroom, or impose a fine on or detain him.
A person who seriously disrupts court order by making an uproar in the court or rushing at it, or insulting, slandering, threatening, or assaulting the judicial officers, shall be investigated for criminal responsibility by the people's court according to the law; if the offence is a minor one, the offender may be detained or a fine imposed on him.
Article 102 If a participant or any other person in the proceedings commits any one of the following acts, the people's court shall, according to the seriousness of the act, impose a fine on him or detain him; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to law.
(1) forging or destroying important evidence, which would obstruct the trial of a case by the people's court;
(2) using violence, threats or subordination to prevent a witness from giving testimony, or instigating, suborning, or coercing others to commit perjury;
(3) concealing, transferring, selling or destroying property that has been sealed up or distrained, or property of which an inventory has been made and which has been put under his care according to court instruction, or transferring the property that has been frozen;
(4) insulting, slandering, incriminating with false charges, assaulting or maliciously retaliating against judicial officers or personnel, participants in the proceedings, witnesses, interpreters, evaluation experts, inspectors, or personnel assisting in execution;
(5) using violence, threats or other means to hinder judicial officers or personnel from performing their duties; or
(6) refusing to carry out legally effective judgments or orders of the people's court.
With respect to a unit that commits any one of the acts specified above, the people's court may impose a fine on or detain its principal heads or the persons who are held actually responsible for the act; if the act constitutes a crime, investigations for criminal responsibility shall be made according to the law.
Article 103 Where a unit which is under an obligation to assist in investigation and execution commits any one of the following acts, the people's court may, apart from enjoining it to perform its obligation, also impose a fine:
(1) refusing or obstructing the investigation and collection of evidence by the people's court;
(2) refusing by banks, credit cooperatives or other units dealing with savings deposit, after receiving a notice for assistance in execution from the people's court, to assist in inquiring into, freezing or transferring the relevant deposit.
(3) refusing by the unit concerned, after receiving a notice for assistance in execution from the people's court, to assist in withholding the income of the party subject to execution, in going throughthe formalities of transferring the relevant certificates of property rights or in transferring the relevant negotiable instruments, certificates, or other property; or (4) refusing to provide other obligatory assistance in the execution.
With respect to a unit that commits any one of the acts specified above, the people's court may impose a fine on its principal heads or the persons who are held actually responsible for the act. The people's court may also put forward a judicial proposal to the supervisory organ or any relevant organ for the imposition of disciplinary sanctions.
Article 104 A fine on an individual shall not exceed Renminbi 1,000 yuan. A fine on a unit shall not be less than Renminbi 1,000 yuan and shall not exceed Renminbi 30,000 yuan. The period of detention shall not be longer than 15 days.
The people's court shall deliver detained persons to a public security organ for custody. The people's court may decide to advance the time of release, if the detainee admits and mends his wrongdoings.
Article 105 Constrained appearance in court, imposition of a fine or detention shall be subject to the approval of the president of the people's court.
A peremptory writ shall be issued for constraining appearance in court.
A decision in writing shall be made for the imposition of a fine or detention.
The offender, if dissatisfied with the decision, may apply to a people's court at a higher level for reconsideration which could be granted only once. The execution of the decision shall not be suspended during the time of reconsideration.