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

Article 186 With respect to a case pending retrial by a people's court in accordance with the procedure for trial supervision, if the legally effective judgment or written order was made by a court of first instance, the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the new judgment or order; if the legally effective judgment or written order was made by a court of second instance, the case shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective; if it is a case which was brought up for trial by a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective.

The people's court shall form a new collegial panel for the purpose of the retrial.

Article 187 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.

Article 188 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.

Article 189 When a people's procuratorate decides to lodge a protest against a judgment or written order made by a people's court, it shall make the protest in writing.

Article 190 The people's court shall, in retrying a case in which protest was lodged by a people's procuratorate, notify the procuratorate to send representative to attend the court session.

Chapter XVII Procedure for Hastening Debt Recovery

Article 191 When a creditor requests payment of a pecuniary debt or recovery of negotiable instruments from a debtor, he may, if the following requirements are met, apply to the primary people's court that has jurisdiction for an order of payment:

(1) no other debt disputes exist between the creditor and the debtor; and

(2) the order of payment can be served on the debtor.

The application shall clearly state the requested amount of money or of the negotiable instruments and the facts and evidence on the basis of which the application is made.

Article 192 After the creditor has submitted his application, the people's court shall within five days inform the creditor whether it accepts the application or not.

Article 193 After accepting the application and upon examination of the facts and evidence provided by the creditor, the people's court shall, if the rights and obligations relationship between the creditor and the debtor is clear and legitimate, issue within 15 days from the date of accepting the application, an order of payment to the debtor; if the application is unfounded, the people's court shall make an order to reject it.

The debtor shall, within 15 days from the date of receipt of the order of payment, clear off his debts or submit to the people's court his dissent in writing.

If the debtor has neither dissented from nor complied with the order of payment within the period specified in the preceding paragraph, the creditor may apply to the people's court for execution.

Article 194 The people's court shall, on receiving the dissent in writing submitted by the debtor, make an order to terminate the procedure for hastening debt recovery and the order of payment shall of itself be invalidated. The creditor may bring an action in the people's court.