Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China
Article 128 At the end of the court debate, a judgment shall be made according to the law. Where conciliation is possible prior to the rendering of a judgment, conciliation efforts may be made; if conciliation proves to be unsuccessful, a judgment shall be made without delay.
Article 129 If a plaintiff, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the case may be considered as withdrawn by him; if the defendant files a counterclaim in the mean time, the court may make a judgment by default.
Article 130 If a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the court may make a judgment by default.
Article 131 If a plaintiff applies for withdrawal of the case before the judgment is pronounced, the people's court shall decide whether to approve or disapprove it.
If withdrawal of the case is not allowed by an order of the people's court, and the plaintiff, having been served with a summons, refuses to appear in court without justified reasons, the people's court may make a judgment by default.
Article 132 Under any of the following circumstances, the trial may be adjourned:
(1) the parties concerned and other participants in the proceedings required to appear in court fail to do so for justified reasons;
(2) any party concerned makes an extempore application for the withdrawal of a judicial officer;
(3) it is necessary to summon new witnesses to court, collect new evidence, make a new expert evaluation, new inspection, or to make a supplementary investigation; or
(4) other circumstances that warrant the adjournment.
Article 133 The court clerk shall make a written record of the entire court proceedings, which shall be signed by him and the judicial officers.
The court record shall be read out in court, or else the parties and other participants in the proceedings may be notified to read the record while in court or within five days. If they consider that there are omissions or errors in the record of their own statements, the parties or other participants in the proceedings shall have the right to apply for rectifications. If such rectifications are not made, the application shall be placed on record in the case file.
The court record shall be signed or sealed by the parties and other participants in the proceedings. Refusal to do so shall be put on record in the case file.
Article 134 The people's court shall publicly pronounce its judgment in all cases, whether publicly tried or not.
If a judgment is pronounced in court, the written judgment shall be issued and delivered within ten days; if a judgment is pronounced later on a fixed date, the written judgment shall be issued and given immediately after the pronouncement.
Upon pronouncement of a judgment, the parties concerned must be informed of their right to file an appeal, the time limit for appeal and the court to which they may appeal.
Upon pronouncement of a divorce judgment, the parties concerned must be informed not to remarry before the judgment takes legal effect.
Article 135 A people's court trying a case in which the ordinary procedure is followed, shall conclude the case within six months from the date of docketing the case. Where an extension of the period is necessary under special circumstances, a six-month extension may be allowed subject to the approval of the president of the court. Further extension, if needed, shall be reported to the people's court at a higher level for approval.
Section 4 Suspension and Termination of Legal Proceedings
Article 136 Legal Proceedings shall be suspended in any of the following circumstances:
(1) one of the parties dies and it is necessary to wait for the heir or heiress to make clear whether to participate or not in the proceedings;
(2) one of the parties has lost the capacity to engage in litigation and his agent ad litem has not been designated yet;
(3) the legal person or any other organization as one of the parties has dissolved, and the successor to its rights and obligations has not been determined yet;
(4) one of the parties is unable to participate in the proceedings for reasons of force majeure;
(5) the adjudication of the case pending is dependent on the results of the trial of another case that has not yet been concluded; or
(6) other circumstances that warrant the suspension of the litigation.
The proceedings shall resume after the causes of the suspension have been eliminated.
Article 137 Legal proceedings shall be terminated in any of the following circumstances:
(1) the plaintiff dies without a successor, or the successor waives the right to litigate;
(2) the decedent leaves no estate, nor any one to succeed to his obligations;
(3) one of the parties in a divorce case dies; or
(4) one of the parties in a case involving a claim for alimony, support for elders or children or for the termination of adoptive relationship dies.