Article 7 of the Civil Procedure Law In trying civil cases, the people's courts must take facts as the basis and the law as the criterion.
Article 21 A civil action brought against a citizen shall be under the jurisdiction of the people's court of the defendant's domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence.
Article 23 A lawsuit arising from a contract dispute shall be under the jurisdiction of the people's court in the place where the defendant has his domicile or where the contract is performed.
Article 34. The parties to a dispute over a contract or other property rights and interests may, through written agreement, choose a people's court in a place that has a real relationship with the dispute, such as the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter is located, but it shall not violate the provisions of this Law on hierarchical jurisdiction and exclusive jurisdiction.
Article 63 Evidence includes:
(a) Statements of the parties;
(2) Documentary evidence;
(3) Physical evidence;
(4) Audio-visual materials;
(5) Electronic data;
(6) Testimony of witnesses;
(7) Appraisal opinions;
(8) Records of the inquest.
Evidence must be verified before it can be used as a basis for ascertaining facts.
Article 214 Where a creditor requests the debtor to pay money or negotiable securities and meets the following conditions, it may apply to the grassroots people's court with jurisdiction for a payment order:
(1) There is no other debt dispute between the creditor and the debtor;
(2) Payment orders can be served on the debtor.
The application shall specify the amount of money or securities required and the facts and evidence on which it is based.
Article 215 After an application is filed by a creditor, the people's court shall notify the creditor whether to accept it or not within five days.
Article 216 After the people's court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within 15 days from the date of acceptance. If the application is not established, the ruling shall be rejected.
The debtor shall pay off the debt within fifteen days from the date of receiving the payment order, or file a written objection with the people's court.
If the debtor fails to raise any objection or perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the people's court for compulsory execution.
Article 224 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance.
Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
Article 228 Execution shall be carried out by the executive.
When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a written record of execution shall be made and signed or sealed by the relevant personnel present.
The people's court may set up enforcement agencies as needed.
Article 229 Where the person subjected to execution or the property subjected to execution is abroad, it may entrust the local people's court to execute it on its behalf. After receiving the power of attorney, the entrusted people's court must start execution within 15 days and may not refuse. After the execution is completed, the people's court shall be informed of the execution results in writing in a timely manner; If the execution is not completed within 30 days, the entrusted people's court shall also be informed of the execution.
If the entrusted people's court fails to execute it within 15 days from the date of receiving the power of attorney, the entrusted people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute it.
Article 236 A legally effective civil judgment or written order must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution.
Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Article 238 If one party fails to perform the creditor's rights documents that can be enforced by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce them.
Article 239 The time limit for applying for execution is two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.
The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.