Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China

(npc.gov.cn)     Updated : 2015-07-17

6. The second paragraph of Article 179 is changed to be Article 181 and is revised to read, “The people’s court shall complete the review of the written application for retrial within three months after receiving it, and shall rule to retry the case if the application meets the conditions specified in one of the subparagraphs of Article 179 of this Law; otherwise, it shall rule to reject the application. Under special circumstances where the period of time for review needs to be extended, the matter shall be subject to approval by the president of the court.

“If a case is ruled to be retried upon application by a party to the action, the case shall be retried by an intermediate people’s court or a people’s court at a higher level. If a case is ruled to be retried by the Supreme People’s Court or a higher people’s court, the case shall be retried by the court that rules in favor of retrial or it may be handed over to any other people’s court or the people’s court that originally tried the case for retrial.”

7. Article 182 is changed to be Article 184 and is revised to read, “A party that intends to apply for a retrial shall submit an application within two years after the judgment or written order becomes legally effective; if after the lapse of two years, the legal document on the basis of which the original judgment or written order was made is abolished or revised or in the course of trial, the adjudicator is found to have committed embezzlement, accepted bribes, engaged in malpractices for personal gain, or perverted the law in making the judgment or written order, the party shall submit the application within three months after he comes to know or should know the fact.”

8. Article 185 is changed to be Article 187 and is revised to read, “If the Supreme People’s Procuratorate discovers that a legally effective judgment or written order made by a people’s court at any level, or if a people’s procuratorate at a higher level discovers that a legally effective judgment or written order made by a people’s court at a lower level, meets the conditions specified in one of the subparagraphs of Article 179 of this Law, the Supreme People’s Procuratorate or the people’s procuratorate at a higher level shall file a protest.

“If a local people’s procuratorate at any level discovers that a legally effective judgment or written order made by a people’s court at the same level meets the conditions specified in one of the subparagraphs of Article 179 of this Law, the said people’s procuratorate shall request the people’s procuratorate at a higher level to file a protest with the people’s court at the same level.”

9. Article 186 is changed to be Article 188 and is revised to read, “The people’s court that accepts a case with respect to which a people’s procuratorate has filed a protest shall, within 30 days after receiving the protest, make a written order for retrial; if the judgment or written order concerned meets the conditions specified in one of the first five subparagraphs in the first paragraph of Article 179 of this Law, it may hand the case over to the people’s court at the next lower level for retrial.”

10. Article 207 is changed to be Article 201, and the first paragraph is revised to read, “Legally effective judgments or written orders in civil cases, as well as the parts of judgments or written orders that relate to property in criminal cases, shall be executed by the people’s court of first instance or by the people’s court at the same level as the people’s court of first instance, where the property subject to execution is located.”

11. One article is added as Article 202, which reads, “If a party or an interested party considers that the execution is in violation of legal provisions, it may raise a written objection to the people’s court that is responsible for the execution. If a party or an interested party raises a written objection, the people’s court shall review the written objection within 15 days after receiving it. If the reasons for objection are tenable, the people’s court shall rule to cancel or put to right the execution; otherwise, it shall rule to reject the objection. If the party or interested party is not satisfied with the ruling, it may apply for reconsideration to the people’s court at the next higher level within 10 days after the ruling is served.”

12. One article is added as Article 203, which reads, “If the people’s court fails to execute a judgment or written order within six months after receiving the application for execution, the person applying for execution may apply to the people’s court at the next higher level for execution. Upon review, the people’s court at the next higher level may order the original people’s court to execute within a specified period of time, or may decide to execute by itself or instruct any other people’s court to do it.”

13. Article 208 is changed to be Article 204 and is revised to read, “If, in the course of execution, a person not involved in the case raises a written objection to the object subjected to execution, the people’s court shall review the written objection within 15 days after receiving it. If the reasons for objection are tenable, the people’s court shall rule to suspend the execution; otherwise, it shall rule to reject the objection. If the person not involved in the case or the party is not satisfied with the ruling and considers that there is error in the original judgment or written order, the matter shall be dealt with according to the procedure for trial supervision; and if the objection is irrelevant to the original judgment or written order, the said person or party may bring a lawsuit to a people’s court within 15 days after the ruling is served.”

14. Article 209 is changed to be Article 205 and the third paragraph is revised to read, “The people’s court may, when necessary, establish execution organs.”