"The Supreme People's Court about the regulations of" judicial documents of foreign-related civil or commercial cases the service of the Supreme People's Court on July 17, 2006 1394th meeting of the judicial committee, is hereby promulgated, since August 22, 2006 will come into effect.
Two hundred six years in August 10th
In order to regulate the judicial documents of foreign-related civil or commercial cases served, according to the "PRC Civil Procedure Law" (hereinafter referred to as the law of civil procedure) regulations, combined with judicial practice, the enactment of this provision.
Article 1 the people's Court of foreign-related civil or commercial cases, to the territory of the people's Republic of addressee who has no domicile within the service of judicial documents, applicable this regulation.
The second mentioned in these Provisions refers to the judicial documents, a copy of the bill of complaint, a copy of the appeal petition, counterclaim, copies of pleadings copy, summons, judgment, mediation, ruling, the order of payment, decision, notice, the certificate, the certificate of service and other judicial documents.
Third as the legal representative of the people served by natural person or enterprise, other groups of people, mainly responsible for the people in the people's Republic of China, the people's court to the natural person or the legal representative, the main person in charge service.
Fourth in addition to the recipient in the authorization made clear that the litigation representative has no right to receive the judicial documents, the entrusted agent ad litem for civil procedure law article 247th (four) as stipulated in item has the power to accept delivery of agents ad litem, the people's court may also be sent to the agent ad litem.
Article fifth the people's court to the addressee service of judicial documents, can be sent to the representative office of its establishment in the territory of the people's Republic of.
If the recipient has a branch or business agent in the territory of the people's Republic, the recipient is authorized by the people's court, can be served to the branch or business agent.
Article sixth the people's court to the people's Republic of China has no domicile within the addressee service of judicial documents, if the addressee is located and the people's Republic of China has reached judicial assistance agreement, can be served in accordance with the judicial assistance agreement; if the addressee's country is about to "service abroad civil or commercial judicial judicial and extrajudicial documents Convention" members, in accordance with the provisions of the Convention may be served in the way.
The addressee locates and the people's Republic of China has signed an agreement for judicial assistance, and on to the "foreign service members civil or commercial judicial judicial and extrajudicial documents Convention", the people's court in accordance with the provisions of the judicial assistance agreement.
Article seventh in accordance with the judicial assistance agreement, "service abroad in civil or commercial matters relating to judicial and extrajudicial documents Convention" or the diplomatic service of judicial documents, self relevant UN organs will be forwarded by the relevant judicial documents delivered to home country authorities within six months from the day, if not served and whether or not the documents, and according to the various conditions is not sufficient to recognize has served, as can not use the ways of service.
Eighth recipient country permits service by post, the people's court may be served by post.
The mail delivery receipt should be accompanied by. The recipient of the service is not in the receipt receipt but sign on the receipt of the mail, the serving receipt date is the date of delivery.
Since the date of mailing the full six months, if it fails to receive service and whether or not the documents, and according to the various conditions is not sufficient to recognize has served, as could not be served by post.
The Ninth People's court in accordance with the provisions of article 247th of the Civil Procedure Law (seven) served as stipulated in item announcement when the content of the announcement shall be published for public issuance in the domestic and foreign newspapers and periodicals.
Tenth in addition to the provisions of the mode of delivery, the people's court may, by fax or by email to confirm other appropriate ways in which the receipt to the recipient of the service delivery.
Eleventh besides the way of public announcement, the people's court may also take a variety of ways to serve served by people, but should be determined according to the first implementation of the date of service delivery mode.
Article twelfth the people's court to the addressee legal representative in the territory of the people's Republic of the people, the principal person in charge, litigation agent, representative offices and branches, have the right to accept the service business agent service of judicial documents, can be applied to retention of service manner.
Thirteenth recipient is not to the people's Court of judicial documents to perform the procedures for receiving the service, but the existence of any of the following circumstances, be deemed as:
(a) the addressee in written form to the people's court has mentioned the content of the service of judicial documents;
(two) the addressee has to perform the service of judicial documents content;
(three) the other can be deemed to have been served on the case.
Article fourteenth the people's court for the service of judicial documents, according to the relevant provisions required by superior people's court shall forward the application form for forward shall be attached.
The people's court at a higher level for receiving transmitting the courts of judicial documents should be forwarded within seven working days.
The superior people's court that transmitting the application as courts of judicial documents do not meet the needs of the relevant provisions of the correction, the people's court should be returned to the applicant transfer in seven working days.
Article fifteenth the people's court for the service of judicial documents, need according to the relevant provisions to provide translation, the people's court case acceptance shall be commissioned the translation mechanism in the people's Republic of China for translation.
Not affixed with the seal of the people's court translation, but the translation institution or translator shall affix their signatures or seals to prove
