(Published on July 14, 1992)

In order to correctly apply the "Civil Procedure Law of the People's Republic of China" (hereinafter referred to as the Civil Procedure Law), according to the Civil Procedure Law In light of the regulations and practical trial experience, we put forward the following opinions for implementation by the people's courts at all levels in their trial work.

1. Jurisdiction

1. Major foreign-related cases as stipulated in Article 19 (1) of the Civil Procedure Law refer to foreign-related cases in which the amount of the dispute is large, or the case is complex, or there are a large number of parties living abroad.

2. Patent dispute cases are under the jurisdiction of the Intermediate People's Court determined by the Supreme People's Court.

Maritime and maritime commercial cases are under the jurisdiction of the Maritime Court.

3. The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the provisions of Article 19 (2) and Article 20 of the Civil Procedure Law, proceed from the actual local conditions, and consider the complexity of the case, the amount of the subject matter of litigation, and the local impact. and other circumstances, put forward opinions on the level of jurisdiction of first-instance cases within the jurisdiction and submit them to the Supreme People's Court for approval.

4． The domicile of a citizen refers to the place of residence of a citizen, and the domicile of a legal person refers to the main place of business or the location of the main office of the legal person.

5. A citizen's usual place of residence refers to the place where a citizen has lived continuously for more than one year from the time he leaves his place of residence to the time of prosecution. This is except for places where citizens are hospitalized for medical treatment.

6. If one of the defendants has his urban household registration cancelled, the jurisdiction shall be determined in accordance with Article 23 of the Civil Procedure Law; if both parties have their urban household registration cancelled, the people's court at the place where the defendant lives shall have jurisdiction.

7． If the party concerned has not yet settled down after moving out of his household registration and has a habitual residence, the case shall be under the jurisdiction of the people's court of that place. If a person has no permanent place of residence and has moved out of residence for less than one year, the people's court at the place of his original residence shall have jurisdiction; if it exceeds one year, the people's court at the place of residence shall have jurisdiction.

8. If both parties are imprisoned or re-education through labor, the people's court at the place of the defendant's original residence shall have jurisdiction. If the defendant has been imprisoned or re-education through labor for more than one year, the people's court in the place where the defendant was imprisoned or re-education through labor shall have jurisdiction.

9． If the domiciles of several defendants in alimony recovery cases are not in the same jurisdiction, the People's Court of the plaintiff's domicile may have jurisdiction.

10． Cases of dissatisfaction with the designated guardianship or change of guardianship relationship shall be under the jurisdiction of the people's court of the place where the ward is domiciled.

11． Divorce lawsuits filed by non-military personnel against military personnel, if one of the military parties is a non-civilian military member, shall be under the jurisdiction of the People's Court of the place where the plaintiff is domiciled.

If both parties to the divorce proceedings are military personnel, the matter shall be under the jurisdiction of the people's court where the defendant is domiciled or where the defendant's unit at or above the regiment level is located.

12． If one spouse has been away from their place of residence for more than one year and the other spouse files for divorce, the case shall be under the jurisdiction of the People's Court of the place where the plaintiff is domiciled. If both spouses have been away from their place of residence for more than one year, and one party files a divorce case, the case shall be under the jurisdiction of the People's Court of the defendant's usual place of residence; if there is no usual place of residence, the People's Court of the place of residence of the plaintiff at the time of filing the lawsuit shall have jurisdiction.

13. For overseas Chinese who are married in China and have settled abroad, if the court in the country of settlement refuses to accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the court at the place where the marriage was concluded, and the parties file divorce proceedings in the people's court, the court shall file the divorce proceedings at the place where the marriage was concluded or the last place of residence of one party in the country. The People's Court has jurisdiction.

14. For overseas Chinese who are married and settled abroad, if the court of the country of settlement refuses to accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the courts of the country of nationality, and the parties file divorce proceedings in the people's court, the party's original domicile or last place of residence in the country The People's Court has jurisdiction.

15. If one Chinese citizen lives abroad and the other party lives in China, no matter which party files a divorce lawsuit in the people's court, the people's court in the place where the domestic party is domiciled has the jurisdiction. If a foreign party files a lawsuit in the court of the country of residence and the domestic party files a lawsuit in the People's Court, the People's Court subject to the lawsuit shall have jurisdiction.

16． If both Chinese citizens are abroad but have not settled down, and one party files a lawsuit for divorce in the People's Court, the People's Court at the original place of residence of the plaintiff or defendant shall have jurisdiction.

17. Litigation brought against a civil partnership or partnership-type joint venture without an office shall be under the jurisdiction of the people's court where the defendant is registered. If there is no registration and several defendants are not in the same jurisdiction, the people's court at the defendant's domicile has jurisdiction.

18. When a lawsuit is filed due to a contract dispute, if the contract is not actually performed and the domicile of both parties is not at the place of performance stipulated in the contract, the People's Court of the defendant's domicile shall have jurisdiction.

19． If both parties to a purchase and sale contract have an agreement on the place of delivery in the contract, the agreed place of delivery shall be the place of performance of the contract; if there is no agreement, the place of performance of the contract shall be determined based on the method of delivery; if the method of delivery is adopted, the place of performance of the contract shall be determined based on the delivery method. The place where the contract is performed shall be the place where the contract is performed; if the self-pickup method is adopted, the place where the goods are picked up shall be the place where the contract is performed; if the goods are consigned or delivered according to the delivery method of wood or coal, the place where the goods are shipped shall be the place where the contract is performed.

If the actual place of performance of the purchase and sale contract is inconsistent with the delivery place agreed in the contract, the actual place of performance shall be the place of performance of the contract.

20. For a processing contract, the place where the processing is performed shall be the place of performance, unless there is an agreement on the place of performance in the contract.

21． For property leasing contracts and financial leasing contracts, the place where the leased property is used shall be the place of performance, unless there is an agreement on the place of performance in the contract.

22． For a compensation trade contract, the place where the party receiving the investment performs its main obligations shall be the place where the contract is performed.

23． The agreement in a written contract stipulated in Article 25 of the Civil Procedure Law refers to the jurisdiction clause in the contract or the agreement on jurisdiction selection reached before litigation.

24. If the parties to a contract have an unclear agreement on the choice of jurisdiction or choose two or more people's courts among the people's courts specified in Article 25 of the Civil Procedure Law for jurisdiction, the agreement on choice of jurisdiction shall be invalid. According to Article 24 of the Civil Procedure Law, Provisions determine jurisdiction.

25. Litigation initiated due to insurance contract disputes, if the subject matter insured is a means of transportation or goods being transported, shall be under the jurisdiction of the People's Court of the defendant's domicile or the place where the means of transportation is registered, the destination of transportation, or the place where the insured accident occurs.

26． The place of payment for a bill specified in Article 27 of the Civil Procedure Law refers to the place of payment stated on the bill. If the bill does not specify the place of payment, the domicile or principal place of business of the payer of the bill (including the agent payer) shall be the place of payment of the bill.

27. When a creditor applies for a payment order, Article 22 of the Civil Procedure Law shall apply and shall be under the jurisdiction of the basic people's court where the debtor is domiciled.

28. The place of infringement specified in Article 29 of the Civil Procedure Law includes the place where the infringement is committed and the place where the result of the infringement occurs.

29. For lawsuits filed due to unqualified product quality causing damage to other people's property or personal life, the people's courts in the place where the product is manufactured, where the product is sold, where the infringement is committed, and where the defendant is domiciled have jurisdiction.

30; Railway transport contract disputes and railway transport-related tort disputes shall be under the jurisdiction of the Railway Transport Court.

31. For pre-litigation property preservation, the parties concerned shall apply to the people's court where the property is located.

After the people's court takes pre-litigation property preservation, if the applicant files a lawsuit, he may file a lawsuit with the people's court that took pre-litigation property preservation or other people's courts with jurisdiction.

32. The party concerned failed to file a lawsuit within the statutory period after applying for pre-litigation property preservation. If a lawsuit is caused as a result of property damage to the respondent, the people's court that takes measures to preserve the property shall have jurisdiction.

33. For a lawsuit that two or more people's courts have jurisdiction over, the people's court that filed the case first may not transfer the case to another people's court that has jurisdiction. If the people's court finds that other people's courts with jurisdiction have already filed the case before filing the case, it shall not file the case again; if after filing the case it finds that other people's courts with jurisdiction have already filed the case, it shall rule to transfer the case to the people's court that filed the case first.

34. After the case is accepted, the jurisdiction of the people's court subject to the lawsuit will not be affected by the change of the domicile or habitual residence of the parties.

35. After the People's Court with jurisdiction accepts a case, it shall not transfer the case to the People's Court with jurisdiction after the change on the grounds of change of administrative region. Appeal cases after judgment and cases brought for trial in accordance with trial supervision procedures shall be tried by the people's court above the original people's court; cases sent back for retrial by the people's court of second instance or ordered by the people's court at a higher level for retrial shall be retried or retried by the people's court that originally tried them.

36. In accordance with the provisions of Paragraph 2 of Article 37 of the Civil Procedure Law, when two people's courts that have a jurisdictional dispute cannot reach negotiation, they report to their superiors and the superior people's court to designate jurisdiction, such as Both parties are grassroots people's courts belonging to the same place or municipal district, and the intermediate people's court of that place or city shall promptly designate jurisdiction; two people's courts belonging to the same province, autonomous region, or municipality directly under the Central Government shall be governed by the higher people's court of the province, autonomous region, or municipality directly under the Central Government. Jurisdiction shall be designated in a timely manner; if both parties are people's courts across provinces, autonomous regions, or municipalities directly under the Central Government, and the Higher People's Court fails to reach an agreement through negotiation, the Supreme People's Court shall designate jurisdiction in a timely manner.

When reporting to the superior people's court for designation of jurisdiction in accordance with the provisions of the preceding paragraph, it shall be done level by level.

37． When the superior people's court designates jurisdiction in accordance with the provisions of Article 37 of the Civil Procedure Law, it shall notify the submitting people's court and the designated people's court in writing. After receiving the notice, the people's court that made the submission shall promptly notify the parties concerned.

2. Litigation participants

38. The official person in charge of a legal person is the legal representative of the legal person. If there is no principal person in charge, the deputy person in charge of the work shall serve as the legal representative. For a legal person with a board of directors, the chairman shall be the legal representative; for a legal person without a chairman, the responsible person authorized by the board of directors may serve as the legal representative of the legal person.

For other organizations that do not have legal person status, their principal person in charge shall be their representative.

39. During litigation, if the legal representative of a legal person is changed, the new legal representative shall continue the litigation and a new legal representative's identity certificate shall be submitted to the People's Court. Litigation actions conducted by the original legal representative are valid.

The provisions of this article shall apply to litigation involving other organizations.

40． Other organizations stipulated in Article 49 of the Civil Procedure Law refer to organizations that are legally established and have certain organizational structure and property, but do not have legal person qualifications, including:

(1) Register and receive business in accordance with the law Private proprietorships and partnership organizations with licenses;

(2) Partnership-type joint ventures that have registered and received business licenses in accordance with the law;

(3) Sino-foreign joint ventures that have registered in accordance with the law and received business licenses in my country Enterprises and foreign-invested enterprises;

(4) Social groups that have been approved by the civil affairs department to register and receive a social group registration certificate;

(5) A branch established by a legal person in accordance with the law and issued a business license;

(6) The branches of the People’s Bank of China and various specialized banks in various places;

(7) The branches of the People’s Insurance Company of China in various places;

(8) Township, street, and village-run enterprises that have been approved and registered to obtain business licenses;

(9) Other organizations that meet the conditions stipulated in this article.

41. If a branch of a legal person is not established in accordance with the law, or if a branch is established in accordance with the law but has not obtained a business license, the legal person who established the branch shall be the party concerned.

42. In a lawsuit involving a legal person or other organization’s staff due to official conduct or authorized behavior, the legal person or other organization shall be a party.

43. If an individual industrial and commercial household, individual partnership or private enterprise is affiliated with a collective enterprise and engages in production and business activities in the name of the collective enterprise, in the lawsuit, the individual industrial and commercial household, individual partnership or private enterprise and the collective enterprise affiliated with it are the same litigants. .

44. During a lawsuit, if one party dies and there is an heir, the lawsuit shall be ruled to be suspended. The people's court should promptly notify the heir to assume the lawsuit as a party, and the litigation actions that have been carried out by the deceased are valid for the heir who bears the lawsuit.

45． If personnel employed by individual industrial and commercial households, rural contract operators, or partnership organizations cause harm to others while carrying out production and business activities stipulated in the employment contract, their employer shall be the party concerned.

46. In the lawsuit, individual industrial and commercial households take the owner registered on the business license as the party. If there is a font size, the registered font size should be indicated in the legal document.

If the owner registered on the business license is inconsistent with the actual operator, the owner and the actual operator shall be the co-litigants.

47． All partners of an individual partnership are co-litigants in the lawsuit. If an individual partnership has a trade name approved and registered in accordance with the law, the registered trade name should be indicated in the legal document. All partners can elect a representative; for the elected representative, all partners must issue a recommendation letter.

48. Disputes between parties shall be arbitrated by arbitration institutions or mediated by the People's Mediation Committee. If a party refuses to accept the arbitration or mediation and files a lawsuit in the People's Court, the other party shall be the defendant.

49. If a legal person or other organization conducts civil activities in the name of a legal person or other organization without registering, or if another person falsely uses the name of a legal person or other organization to carry out civil activities, or if a legal person or other organization continues to carry out civil activities in its name after it is terminated in accordance with the law, The person directly responsible shall be the party concerned.

50. If an enterprise as a legal person merges, any dispute arising out of the civil activities before the merger shall be the party after the merger; if the enterprise as a legal person is divided, any dispute arising out of the civil activities before the division shall be the same litigant with the enterprise after the division. .

51. If an enterprise legal person is revoked without liquidation, if there is a liquidation organization, the liquidation organization shall be the party; if there is no liquidation organization, the institution that made the cancellation decision shall be the party.

52. If a business introduction letter, contract seal, sealed blank contract or bank account is borrowed, the lending unit and the borrower shall be the same litigants.

53. In a lawsuit filed due to a dispute over a guarantee contract, if the creditor claims rights against both the guarantor and the guaranteed party, the people's court shall list the guarantor and the guaranteed party as co-defendants; if the creditor only sues the guarantor, unless the guarantee contract clearly stipulates that the guarantor shall bear joint and several liability In addition to the liability, the people's court shall notify the guaranteed party to participate in the lawsuit as the party and the defendant; if the creditor only sues the guaranteed party, it may only name the guaranteed party as the defendant.

54. In inheritance litigation, if some heirs sue, the People's Court shall notify other heirs to participate in the litigation as co-plaintiffs; if the notified heirs are unwilling to participate in the litigation and have not clearly stated that they have given up their substantive rights, the People's Court shall still treat them as co-plaintiffs. Listed as *** is the same plaintiff.

55． If the principal and the agent bear joint and several liability, they shall be co-litigants.

56. If a party's property rights are infringed upon by others and some party with the right to file a lawsuit, other parties with the party's right shall be listed as co-litigants.

57. If the parties with whom the litigation must be jointly conducted do not participate in the litigation, the People's Court shall notify them to participate in accordance with the provisions of Article 119 of the Civil Procedure Law; the parties may also apply to the People's Court for additional additions. The people's court shall review the application submitted by the parties. If the application is unreasonable, it shall rule to reject it; if the application is reasonable, the additional party shall be notified in writing to participate in the litigation.

58. When the people's court adds additional parties to the same lawsuit, it shall notify the other parties. If a plaintiff who should be added has clearly stated that he has given up his substantive rights, he may not be added; if he is neither willing to participate in the litigation nor gives up his substantive rights, he may still be added as a co-plaintiff. His failure to participate in the litigation will not affect the People's Court's decision on the case. Hear and make judgments in accordance with the law.

59. Article 54 and Article 55 of the Civil Procedure Law stipulate that one party has a large number of persons, generally referring to more than 10 persons.

60. According to Article 54 of the Civil Procedure Law, if a party has a large number of persons and is determined at the time of prosecution, all parties may elect a representative, or some of the parties may elect their own representatives; if no representative can be selected, The parties concerned may participate in the litigation themselves in necessary contractual litigation, and may sue separately in ordinary contractual litigation.

61. According to Article 55 of the Civil Procedure Law, if there are many parties involved and the number of persons involved is uncertain at the time of prosecution, the parties shall nominate a representative. If the parties cannot select a representative, the People's Court may propose a representative to negotiate with the parties. If the negotiation fails, the People's Court may The people's court shall appoint a representative among the parties suing.

62． The number of representatives stipulated in Articles 54 and 55 of the Civil Procedure Law is 2 to 5 people, and each representative can entrust 1 to 2 people as litigation agents.

63. For cases accepted in accordance with the provisions of Article 55 of the Civil Procedure Law, the People's Court may issue an announcement to notify the obligee to register with the People's Court. The announcement period shall be determined based on the circumstances of the specific case and shall be at least 30 days.

64． A party registered with the People's Court in accordance with Article 55 of the Civil Procedure Law shall prove its legal relationship with the other party and the damage suffered. If it cannot be proved, it will not be registered and the party concerned may file a lawsuit separately. The judgment of the People's Court shall be executed within the scope of registration. If the right holder who has not participated in registration files a lawsuit within the statute of limitations, and the People's Court determines that his request is valid, the judgment or ruling made by the People's Court shall apply.

65? According to the provisions of Article 56 of the Civil Procedure Law, a third party with an independent right of claim has the right to submit a litigation claim and facts and reasons to the People’s Court and become a party; a third party without an independent right of claim has the right to A third party may apply or be notified by the people's court to participate in the litigation.

66． In a lawsuit, a third party without an independent claim has the litigation rights and obligations of the party concerned, and a third party without an independent claim has the right to appeal against a judgment that bears civil liability. However, the third party has no right to object to the jurisdiction of the case in the first instance, or to give up, change the claim, or apply to withdraw the lawsuit.

67． In litigation, the guardian of a person without capacity for civil conduct or a person with limited capacity for civil conduct is his legal representative. If the guardian has not been determined in advance, the guardianship can be determined through consultation between persons qualified for guardianship. If the consultation fails, the people's court shall appoint a legal representative in the litigation between them. If the party concerned does not have a guardian as stipulated in Paragraph 1 or 2 of Article 16 or Paragraph 1 of Article 17 of the General Principles of Civil Law, he may designate a relevant organization as stipulated in Paragraph 4 of Article 16 or Paragraph 3 of Article 17 of the same Law to act as guardian. Legal representative during litigation.

68． In addition to lawyers, close relatives of the parties, relevant social groups or people recommended by the parties' units, the parties may also entrust other citizens to serve as litigation agents. However, persons who have no capacity for civil conduct, persons with limited capacity for civil conduct, persons who may harm the interests of the principal, and persons who the people's court deems unsuitable to be agents ad litem cannot serve as agents ad litem.

69． The power of attorney submitted by the parties to the People's Court shall be submitted to the People's Court before the hearing. If the power of attorney only states "full authority" without specific authorization, the litigation agent shall not have the right to admit, abandon, change the litigation claim, conduct reconciliation, file a counterclaim or appeal on his behalf.

3. Evidence

70. The collection of investigation evidence by the People's Court should be carried out by two or more people simultaneously. Investigation materials must be signed or stamped by the investigator, the person under investigation, and the recorder.

71. For the evidence provided by the parties, the people's court shall issue a receipt, indicating the name of the evidence, the time of receipt, the number of copies and the number of pages, and shall be signed or sealed by the judge or clerk.

72. Evidence should be presented in court and subject to court debate and cross-examination. For evidence that should be kept confidential according to law, the people's court may decide whether to present it during a court session based on specific circumstances. If it needs to be produced, it may not be presented during a public court session.

73. In accordance with the provisions of Paragraph 2 of Article 64 of the Civil Procedure Law, the evidence that the people's court is responsible for investigating and collecting includes:

(1) The parties and their agents ad litem are unable to collect it on their own due to objective reasons;

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(2) The people's court considers that identification and inspection are necessary;

(3) The evidence provided by the parties is contradictory and cannot be identified;

(4) Other evidence that the People's Court deems should be collected by itself.

74. In litigation, parties have the responsibility to provide evidence for their claims. However, in the following infringement lawsuits, if the defendant denies the infringement facts proposed by the plaintiff, the defendant shall be responsible for providing evidence:

(1) Patent infringement lawsuits caused by invention patents for product manufacturing methods;

(2) Tort litigation for personal injury caused by highly dangerous operations;

(3) Damage compensation litigation caused by environmental pollution;

(4) Buildings or other facilities and Tort lawsuits arising from the collapse, detachment or fall of objects placed or suspended on buildings, causing personal injury;

(5) Tort lawsuits arising from raising animals and causing personal injury;

(6 ) Relevant laws stipulate that the defendant bears the burden of proof.

75. The parties do not need to provide evidence for the following facts:

(1) One party expressly acknowledges the case facts and litigation claims stated by the other party;

(2) Well-known facts, natural laws and theorems;

(3) Another fact that can be inferred based on legal provisions or known facts;

( 4) Facts that have been determined by a legally effective judgment of the People's Court;

(5) Facts that have been proven by a valid notarial certificate.

76. If a party is unable to submit evidence for the time being, the people's court shall designate it to submit evidence within a reasonable period of time based on the specific circumstances. If the party concerned really has difficulty in submitting the application within the designated time limit, he should apply to the People's Court for an extension before the expiration of the designated time limit. The extended period shall be determined by the People's Court.

77. In accordance with Article 65 of the Civil Procedure Law, certification documents submitted by relevant units to the People's Court shall be signed or stamped by the person in charge of the unit and stamped with the unit's seal.

78. If the evidentiary materials are copies, but the provider refuses to provide the originals or clues to the originals, and there are no other materials to corroborate the evidence, and the other party refuses to admit it, it shall not be used as a basis for determining facts in litigation.

4. Period and delivery

79. According to the second paragraph of Article 75 of the Civil Procedure Law, all periods calculated in days in civil litigation shall be calculated from the next day.

80. The time limit for filing a case stipulated in Article 112 of the Civil Procedure Law, if the plaintiff is required to make supplements and corrections due to lack of content in the complaint, shall be calculated from the day after the supplements and corrections are submitted to the People's Court. For cases transferred from a higher level people's court to a lower level people's court, or from a grassroots people's court to the relevant people's court for acceptance, the calculation starts from the day after the receiving people's court or people's court receives the complaint.

81． When delivering litigation documents to a legal person or other organization, the legal representative of the legal person, the main person in charge of the organization, or the person responsible for receiving the document in the office, mailing room, duty room, etc. shall sign or seal it. If he refuses to sign or seal, Lien service is applicable.

82. If the person to be served refuses to accept the litigation document, and the representatives of the relevant grassroots organizations or units and other witnesses are unwilling to sign or seal the service receipt, the person to serve shall The situation is recorded on the receipt and the service document is deemed to have been served if it is left at the addressee's residence.

83. If the person to be served has an agent ad litem, the people's court may serve the document either on the person to be served or on his agent ad litem. If the recipient appoints an agent ad litem as the collector, when service is made to the agent ad litem, service with lien shall be applicable.

84. The mediation letter shall be delivered directly to the parties concerned, and service with lien shall not be applicable. If the party concerned is unable to sign for the receipt for any reason, the person designated by the party may sign for the receipt.

85． When delivered by mail, a delivery receipt must be attached.

If the receipt date stated on the registered mail return receipt is inconsistent with the receipt date stated on the delivery receipt, or if the delivery receipt is not returned, the receipt date stated on the registered mail receipt shall be the delivery date. .

86． According to the provisions of Article 80 of the Civil Procedure Law, if another people's court is entrusted to serve on your behalf, the entrusting court shall issue a letter of entrustment, attach the litigation documents to be served and the service receipt, so that the person to be served shall notify the recipient of the service in the service receipt. The date signed above is the date of delivery.

87. According to the provisions of Articles 81 and 82 of the Civil Procedure Law, if the litigation document is handed over to the relevant unit, the date of receipt indicated by the recipient on the service receipt shall be the date of delivery.

88. For service by announcement, an announcement may be posted on the bulletin board of the court, at the original residence of the recipient, or published in a newspaper; if there are special requirements for the method of delivery of the announcement, the announcement shall be made in the required manner. Upon expiration of the announcement period, it shall be deemed to have been served.

89. When a copy of the complaint or appeal is served by public announcement, the main points of the prosecution or appeal, the time limit for the person to be served to defend and the legal consequences of failure to respond within the time limit shall be stated; when the summons is served by public announcement, the place and time of appearance in court and the legal consequences of failure to appear within the time limit shall be stated. ; When the judgment or ruling is announced and served, the main content of the judgment should be stated. If it is a trial, the right of appeal, the appeal period and the people's court to which the appeal is lodged should also be stated.

90. When the people's court pronounces a judgment on a regular basis, if the party concerned refuses to sign for the judgment or ruling, it shall be deemed to have been served and recorded in the transcript of the judgment.

5. Mediation

91. After the people's court accepts the case, after review, it considers that the legal relationship is clear and the facts are clear, and it can proceed with mediation after obtaining the consent of both parties.

92. When hearing civil cases, the people's courts shall conduct mediation based on the principles of voluntariness and legality. If one or both parties insist on unwillingness to mediate, the people's court shall make a timely ruling.

When hearing a divorce case, the people's court should conduct mediation, but should not leave it undecided for a long time.

93. When the People's Court mediates a case, if a party is unable to appear in court, his or her agent may participate in the mediation with special authorization, and the mediation agreement reached may be signed by the agent.

If the parties to a divorce case are indeed unable to appear in court to participate in mediation due to special circumstances, they must issue written opinions unless they are unable to express their will.

94. Divorce cases involving persons without civil capacity shall be litigated by their legal representatives. If the legal representative reaches an agreement with the other party and requires the issuance of a judgment, a judgment may be issued based on the content of the agreement.

95． If one party refuses to sign the mediation letter, the mediation letter will not be legally effective, and the people's court must promptly notify the other party.

96. If the mediation letter cannot be served to both parties in court, the effective date of the mediation letter shall be the date when the later party who receives the mediation letter signs it.

97. In a case in which a third party without an independent right of claim participates in the litigation, if the People's Court needs to determine the obligations of the third party without an independent right of claim during mediation, the consent of the third party shall be obtained, and the mediation letter shall be served on the third party at the same time. If the third party regrets before the mediation letter is served, the People's Court shall make a timely ruling.

6. Property preservation and advance execution

98. In accordance with the provisions of Articles 92 and 93 of the Civil Procedure Law, when the people's court orders the applicant to provide a guarantee when taking pre-litigation property preservation and litigation property preservation, the amount of the guarantee provided shall be equivalent to the amount requested for preservation.

99. When the people's court takes preservation measures for seasonal commodities, fresh food, perishable items, and other items that are not suitable for long-term storage, it may order the parties to deal with them in a timely manner, and the people's court shall keep the price; when necessary, the people's court shall The court can sell it and keep the price.

100． When the people's court takes measures to seal up or detain property during property preservation, it shall properly keep the sealed or seized property. The parties, relevant units or individuals responsible for safekeeping, and the People's Court are not allowed to use the property.