PRC Civil Procedure Law (2nd Revision)

中华人民共和国民事诉讼法 (第二次修正)

October 18, 2012 | BY

clpstaff &clp articles &

Criminal liability may be pursued for legal actions instituted with malicious intent to prejudice another's lawful rights and interests.

Clp Reference: 1420/12.08.31 Promulgated: 2012-08-31 Effective: 2013-01-01

Promulgated: August 31 2012
Effective: January 1 2013


Main contents
: If a member of the adjudication personnel is entertained or given a gift by a party or an agent ad litem or meets a party or agent ad litem ex parte in violation of provisions, any other party shall have the right to challenge him/her (Article 44).


With respect to acts that prejudice the public interest, such as pollution of the environment and infringement of the lawful rights and interests of numerous consumers, the authorities and relevant organisations specified under law may institute legal actions in people's courts (Article 55).


If a third party fails to participate in a legal action due to a reason not attributable to him/her/it but has evidence showing that part or all of a legally effective judgment, ruling or written mediation statement is incorrect, prejudicing his/her/its civil rights and interests, he/she/it may institute a legal action in the people's court that rendered such judgment, ruling or written mediation statement within six months from the date on which he/she/it learnt or ought to have learnt that his/her/its civil rights and interests were prejudiced. If his/her/its claim is upheld during the trial by the people's court, the court shall amend or vacate the original judgment, ruling or written mediation statement. If the claim is not tenable, it shall be dismissed (Article 56).


If a party fails to provide the evidence by the deadline, the people's court shall order him/her to give the reason therefor. If he/she refuses to give the reason or the reason given is untenable, the people's court may, depending on the circumstances, refuse to accept the evidence or accept the evidence but with a reprimand and/or a fine (Article 65).


The people's court shall investigate and determine, while taking into account other evidence of the case, whether the statements of a party can be taken as a basis for establishing the facts (Article 75).


Where parties maliciously collude, intending to prejudice another's lawful rights and interests through a legal action, mediation, etc., the people's court shall dismiss their claims and, depending on the seriousness of the circumstances, impose a fine and/or detain them. If a criminal offence is constituted, criminal liability shall be pursued in accordance with the law (Article 112).


If the civil dispute brought before a people's court by a party would be suitable for mediation, mediation shall be attempted first, unless the parties refuse mediation (Article 122).


A people's court shall ensure that parties have the right to institute a legal action in accordance with the law. It must accept an action that is instituted in compliance with Article 119. Where the conditions for the institution of a legal action are satisfied, the people's court shall place the case on the docket within seven days and notify the parties. If the conditions are not satisfied, the people's court shall render a ruling document within seven days and not accept the case. If the plaintiff is dissatisfied with the ruling, he/she/it may lodge an appeal (Article 123).


The parties may agree on application of the summary procedure when the case is tried in a basic-level people's court or a tribunal established by it (Article 157).


When a basic-level people's court or a tribunal established by it tries a simple civil case complying with the first paragraph of Article 157 and the subject amount is less than 30% of the average annual wage of an employed person for the previous year in the province, autonomous region or municipality directly under the central government, the trial at first instance shall be final (Article 162).


If a party is of the opinion that a legally effective judgment or ruling is incorrect, he/she may apply for a retrial to the people's court at the next higher level. If the persons constituting a party are numerous or both parties in a case are citizens, they may also apply for a retrial to the people's court that rendered the judgment or ruling. If a party applies for a retrial, enforcement of the judgment or ruling shall not be suspended (Article 199).


A party may apply to the people's procuratorate for a procuratorial recommendation or protest if:


(1) a people's court has dismissed his/her/its application for a retrial;


(2) the people's court has failed to render a ruling in respect of his/her/its retrial application by the prescribed deadline; or


(3) the retrial judgment or ruling is clearly incorrect (Article 209).

clp reference:1420/12.08.31promulgated:2012-08-31effective:2013-01-01

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]