In order to correctly apply the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law), according to the provisions of the Civil Procedure Law and the experience of trial practice, we hereby put forward the following opinions for the people's courts at all levels to implement in the trial work.
I. Governance
1. A major foreign-related case as stipulated in Item (1) of Article 19 of the Civil Procedure Law refers to a foreign-related case with a large amount of disputed subject matter, or a complicated case, or a large number of parties living abroad.
2. Patent dispute cases shall be under the jurisdiction of the Intermediate People's Court determined by the Supreme People's Court.
Maritime and maritime cases shall be 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 the second paragraph of Article 19 and Article 20 of the Civil Procedure Law, proceed from the local actual situation, and put forward opinions on the level jurisdiction of cases of first instance within their respective jurisdictions according to the complexity of cases, the amount of litigation and the degree of local influence, and report them to the Supreme People's Court for approval.
4. The domicile of a citizen refers to the domicile of a citizen, and the domicile of a legal person refers to the location of the main business place or main office of a legal person.
5. The habitual residence of a citizen refers to the place where the citizen has lived continuously for more than 1 year since he left his residence to be prosecuted. Except for cases where citizens are hospitalized.
6. If the defendant's urban hukou is cancelled, the jurisdiction shall be determined in accordance with the provisions of Article 23 of the Civil Procedure Law; The cancellation of urban hukou by both parties shall be under the jurisdiction of the people's court of the defendant's domicile.
7. If the party concerned has a habitual residence and has not settled after moving out of the household registration, it shall be under the jurisdiction of the local people's court. If there is no habitual residence and the household registration has not been moved out for 1 year, it shall be under the jurisdiction of the people's court where the original household registration is located; If it exceeds 1 year, it shall be under the jurisdiction of the people's court of its domicile.
8. If both parties are imprisoned or reeducated through labor, the people's court of the defendant's original domicile shall have jurisdiction. If the defendant is imprisoned or reeducated through labor for more than 1 year, he shall be imprisoned or under the jurisdiction of the people's court where the reeducation through labor is located.
9. In a case of recovery of alimony, if the residences of several defendants are not in the same jurisdiction, it may be under the jurisdiction of the people's court of the plaintiff's domicile.
10. Cases that refuse to accept the designated guardianship or change the guardianship relationship shall be under the jurisdiction of the people's court of the ward's domicile.
1 1. Divorce proceedings brought by non-military personnel against military personnel shall be under the jurisdiction of the people's court at the plaintiff's domicile.
If both parties to the divorce proceedings are soldiers, they shall be under the jurisdiction of the people's court at or above the defendant's domicile.
12. If one spouse has left his domicile for more than 1 year, the case of divorce filed by the other spouse shall be under the jurisdiction of the people's court of the plaintiff's domicile. If one of the spouses has left his domicile for more than 1 year, the divorce case filed by one of the spouses shall be under the jurisdiction of the people's court of the defendant's habitual residence; If there is no habitual residence, it shall be under the jurisdiction of the people's court where the plaintiff has his domicile at the time of prosecution.
13. Overseas Chinese who are married in China and have settled abroad shall be under the jurisdiction of the people's court in the place where they got married if the court in the country where they settled refuses to accept the divorce proceedings. If the parties file divorce proceedings with the people's court, they shall be under the jurisdiction of the people's court in the place where they got married or in the last residence of one party in China.
14. For overseas Chinese who have married and settled abroad, the court of their domicile refuses to accept divorce proceedings on the grounds that they must be under the jurisdiction of the court of the country of nationality. If a party files a divorce lawsuit with a people's court, it shall be under the jurisdiction of the people's court of one party's original domicile or last domicile.
15. One China citizen lives abroad and the other lives in China. No matter which party brings a divorce lawsuit to the people's court, the people's court at the domicile of the domestic party has jurisdiction. If a foreign party brings a lawsuit to the national court of his domicile and a domestic party brings a lawsuit to the people's court, the sued people's court has jurisdiction.
16. If both China citizens are abroad but have not settled down, and one party files a divorce lawsuit with the people's court, it shall be under the jurisdiction of the people's court where the plaintiff or defendant originally lived.
17. A lawsuit brought against a citizen partnership or partnership without an office shall be under the jurisdiction of the people's court where the defendant is registered. Without registration, if several defendants are not in the same jurisdiction, the people's court of the defendant's domicile shall have jurisdiction.
18. If the contract is not actually performed and the domicile of both parties is not at the place of performance as agreed in the contract, the lawsuit arising from the contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile.
19. If both parties to the purchase and sale contract agree 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 according to the mode of delivery; Where delivery is adopted, the place of delivery is the place where the contract is performed; For self-delivery, the place of delivery is the place where the contract is performed; The consignment or delivery of timber and coal shall be carried out at the place where the goods are shipped.
Where the actual place of performance of a 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. The processing contract takes the place of performance of the contract as the processing place, unless there is an agreement on the place of performance in the contract.
2 1. Property lease contracts and financial lease contracts take the leased property as the place of performance, unless there is an agreement on the place of performance in the contract.
22. The compensation trade contract shall be performed at the place where the investor's main obligations are performed.
23. The agreement in the written contract stipulated in Article 25 of the Civil Procedure Law refers to the jurisdiction clause agreed in the contract or the choice of jurisdiction agreement 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 as stipulated in Article 25 of the Civil Procedure Law, the agreement on the choice of jurisdiction shall be null and void, and the jurisdiction shall be determined in accordance with the provisions of Article 24 of the Civil Procedure Law.
25. If the subject matter of insurance is means of transport or goods in transit, the lawsuit brought by the dispute over the insurance contract shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the means of transport is registered, the destination of transport or the place where the insurance accident occurred.
26. The place of payment of bills stipulated in Article 27 of the Civil Procedure Law refers to the place of payment specified on the bill. Where the place of payment is not specified on the bill of exchange, the place of payment shall be the domicile or main business office of the payer (including the agent payer).
27. Where a creditor applies for a payment order, the provisions of Article 22 of the Civil Procedure Law shall apply, and it shall be under the jurisdiction of the basic people's court where the debtor is domiciled.
28. The place where the infringement occurred as stipulated in Article 29 of the Civil Procedure Law includes the place where the infringement occurred and the place where the infringement result occurred.
29. The people's courts in the place where the products are manufactured, the place where the products are sold, the place where the infringement is committed and the place where the defendant is domiciled shall have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.
30; Disputes over railway transport contracts and infringement disputes related to railway transport shall be under the jurisdiction of the railway transport court.
3 1. Pre-litigation property preservation shall be applied by the parties to the people's court where the property is located.
After the people's court adopts pre-litigation property preservation, if the applicant brings a lawsuit, he may bring a lawsuit to the people's court that adopted pre-litigation property preservation or other people's courts with jurisdiction.
32. If a party fails to file a lawsuit within the statutory time limit after applying for pre-litigation property preservation, thus causing property losses to the respondent, the people's court that took property preservation measures has jurisdiction.
33. Where two or more people's courts have jurisdiction over a lawsuit, the people's court that filed the case first may not transfer the case to another people's court with jurisdiction. If the people's court finds that other people's courts with jurisdiction have filed the case first before filing the case, it will not file the case again; If it is found that other people's courts with jurisdiction have filed the case first after filing the case, the case shall be transferred to the people's court that filed the case first.
34. After the case is accepted, the jurisdiction of the people's court under appeal is not affected by the change of domicile or habitual residence of the parties.
35. After accepting a case, the people's court with jurisdiction may not transfer the case to the people's court with jurisdiction after the change on the grounds of administrative area change. Appeals after judgment and cases submitted for trial in accordance with trial supervision procedures shall be tried by the people's court at a higher level than the people's court that originally tried them; A case sent back for retrial by the people's court of second instance or a case decided for retrial by the people's court at a higher level shall be retried or retried by the people's court that originally tried it.
36. According to the second paragraph of Article 37 of the Civil Procedure Law, when two people's courts with jurisdiction disputes cannot report to their superior people's courts for designation of jurisdiction through consultation, if the two parties are grass-roots people's courts in the same place or municipal district, the intermediate people's court in that place or city shall designate jurisdiction in time; If the two people's courts belong to the same province, autonomous region or municipality directly under the Central Government, they shall be appointed in time by the higher people's court of that province, autonomous region or municipality directly under the Central Government; The two sides are people's courts across provinces, autonomous regions and municipalities directly under the Central Government. If the Higher People's Court fails to reach an agreement through consultation, the Supreme People's Court will promptly designate jurisdiction.
When reporting to the people's court at a higher level for designated jurisdiction in accordance with the provisions of the preceding paragraph, it shall be handled step by step.
37. When the people's court at a higher level designates jurisdiction in accordance with the provisions of Article 37 of the Civil Procedure Law, it shall notify the people's court proposing jurisdiction and the people's court designated in writing. After receiving the notice, the people's court that submitted the notice shall promptly notify the parties concerned.
Two. Participants in litigation
38. The principal responsible person of a legal person is the legal representative of the legal person. If there is no full-time person in charge, the deputy person in charge of the work shall serve as the legal representative. A legal person with a board of directors, with the chairman as the legal representative; For a legal person without a chairman, the person in charge authorized by the board of directors may be the legal representative of the legal person.
Other unincorporated organizations are represented by their principal responsible persons.
39. In the course of litigation, if the legal representative of a legal person changes, the new legal representative shall continue the litigation and submit a new legal representative's identity certificate to the people's court. The lawsuit conducted by the original legal representative is valid.
The provisions of this article shall apply to lawsuits in which other organizations participate.
40. Other organizations as stipulated in Article 49 of the Civil Procedure Law refer to organizations established according to law, which have certain organizations and property but do not have legal personality, including:
(1) Private sole proprietorship enterprises and partnership organizations that have registered and obtained business licenses according to law;
(2) A partnership enterprise registered according to law and obtaining a business license;
(3) Chinese-foreign contractual joint ventures and foreign-capital enterprises registered according to law and obtained the business license of China;
(4) a social organization that has been approved and registered by the civil affairs department and received the Social Organization Registration Certificate;
(5) branches established by legal persons according to law and obtained business licenses;
(6) Branches and specialized banks of the People's Bank of China.
(seven) branches of China People's Insurance Company in various places;
(eight) township, street and village enterprises that have been approved to register and obtain business licenses;
(nine) other organizations that meet the conditions stipulated in this article.
4 1. For a branch that is not established by a legal person according to law, or a branch that is established according to law but has not obtained a business license, the legal person that established the branch is the party concerned.
42. If a legal person or other organization brings a lawsuit because of the duty behavior or authorized behavior of its staff, it 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, the individual industrial and commercial household, individual partnership or private enterprise and the affiliated collective enterprise are * * * co-litigants.
44. In a lawsuit, if one party dies and there is an heir, a ruling shall be made to suspend the lawsuit. The people's court shall promptly notify the successor to undertake the litigation as a party, and the litigation act carried out by the decedent shall be effective for the successor to undertake the litigation.
45. If employees employed by individual industrial and commercial households, rural contracted households or partnership organizations cause damage to others in the production and business activities agreed in the employment contract, their employers shall be the parties.
46. In litigation, individual industrial and commercial households take the owner registered in the business license as the party. If there is a font size, the registered font size shall be indicated in the legal documents.
If the owner registered in the business license is inconsistent with the actual operator, the owner and the actual operator shall be the same litigant.
47. All the partners in an individual partnership are co-litigants in a lawsuit. If an individual partnership has a registered name according to law, it shall indicate the registered name in the legal document. All partners can elect representatives; All partners shall issue letters of recommendation to the elected representatives.
48. If a dispute between the parties is arbitrated by an arbitration institution or mediated by a people's mediation committee, and the party refuses to accept the arbitration or mediation and brings a lawsuit in a people's court, the other party is the defendant.
49. A legal person or other organization should be registered but not registered, that is, it carries out civil activities in its name, or others carry out civil activities under the guise of a legal person or other organization, or a legal person or other organization still carries out civil activities in its name after its termination according to law, and the person directly responsible is the party concerned.
50. If an enterprise as a legal person is merged, the merged enterprise shall be the party to the civil activity dispute that occurred before the merger; Disputes over civil activities arising before the division of an enterprise as a legal person shall be handled as joint litigants.
5 1. An enterprise as a 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 concerned.
52. In case of borrowing a letter of introduction, a special seal for a contract, a sealed blank contract or a bank account, the lender and the borrower shall be litigants.
53. If the creditor claims the guarantor and the guarantor's common rights in the lawsuit brought by the dispute over the guarantee contract, the people's court shall list the guarantor and the guarantor as * * * co-defendants; If the creditor only sues the guarantor, the people's court shall notify the guarantor to participate in the lawsuit as the defendant, except that the guarantor shall bear joint and several liability in the guarantee contract; If the creditor only sues the guarantor, it may only list the guarantor as the defendant.
54. In succession proceedings, if some heirs sue, the people's court shall notify other heirs to participate in the proceedings as plaintiffs; If the notified heir is unwilling to participate in the litigation and has not explicitly waived his substantive rights, the people's court shall still list him and the plaintiff as * * *.
55. If the principal and the agent are jointly and severally liable, they shall be the same litigant.
56.* * * property rights were infringed by others, and some * * * owners sued. Other * * * owners should be listed as * * * co-litigants.
57. If the party who must participate in the litigation does not participate in the litigation, the people's court shall notify him to participate in the litigation in accordance with the provisions of Article 119th of the Civil Procedure Law; The parties may also apply to the people's court for an addition. The people's court shall examine the application of the parties, and if the application is unreasonable, it shall rule to reject it; If the application is established, it shall notify the additional parties in writing to participate in the proceedings.
58. When the people's court adds a litigant, it shall notify the other litigants. If the plaintiff who should be added has explicitly given up his substantive rights, it may not be added; Unwilling to participate in litigation and not giving up substantive rights, it is still added as * * * and plaintiff. Their non-participation in litigation will not affect the people's court's trial of the case and its judgment according to law.
59. The number of parties stipulated in Articles 54 and 55 of the Civil Procedure Law is relatively large, generally referring to 10 or more.
60. According to the provisions of Article 54 of the Civil Procedure Law, if a large number of parties are determined at the time of prosecution, representatives may be elected by all parties or some parties; A party who has not elected a representative may participate in the proceedings on his own in necessary proceedings, and may file a separate lawsuit in ordinary proceedings.
6 1. According to Article 55 of the Civil Procedure Law, if one party has a large number and the number is uncertain at the time of prosecution, the parties shall elect their representatives. If the parties fail to elect representatives, the people's court may propose candidates for representatives to negotiate with the parties. If negotiation fails, the people's court may also designate a representative among the litigants.
62. According to Articles 54 and 55 of the Civil Procedure Law, the number of representatives is 2 to 5, and each representative can entrust 1 to 2 people as litigation agents.
63. The people's court may issue an announcement to inform the obligee to register with the people's court in a case accepted in accordance with Article 55 of the Civil Procedure Law. The announcement period shall be determined according to the specific circumstances and shall not be less than 30 days.
64. A party who has registered with the people's court in accordance with Article 55 of the Civil Procedure Law shall prove his legal relationship with the other party and the damage he has suffered. If it cannot be proved, it will not be registered, and the parties concerned may file another lawsuit. The judgment of the people's court shall be executed within the scope of registration. If the obligee who has not participated in the registration brings a lawsuit during the limitation of action, and the people's court finds that his request is established, the judgment or ruling made by the people's court shall apply.
65? According to Article 56 of the Civil Procedure Law, a third party with an independent claim has the right to file a claim, facts and reasons with the people's court and become a party. A third party who has no independent claim may apply or be notified by the people's court to participate in the proceedings.
66. In litigation, the third party without independent claim enjoys the litigation rights and obligations of the parties, and the third party without independent claim who has been sentenced to bear civil liability has the right to appeal. However, the third party has no right to object to the jurisdiction of the case of first instance, nor has it the right to give up, change the claim or apply for withdrawal.
67. In litigation, the guardian of a person without or with limited capacity for civil conduct is his legal representative. If the guardian is not determined in advance, it may be determined by a person with guardianship qualifications through consultation. If negotiation fails, the people's court shall appoint a legal representative to represent the lawsuit. If a party does not have a guardian as stipulated in paragraphs 1 and 2 of Article 16 or paragraph 1 of Article 17 of the General Principles of the Civil Law, it may designate relevant organizations as legal representatives during the litigation period as stipulated in paragraph 4 of Article 16 or paragraph 3 of Article 17 of this Law.
68. In addition to lawyers, close relatives of the parties, persons recommended by relevant social organizations or the units to which the parties belong, the parties may also entrust other citizens as agents ad litem. However, a person with no capacity for civil conduct, a person with limited capacity for civil conduct, or a person who may harm the interests of the principal, and a person who the people's court considers unsuitable to act as an agent ad litem cannot act as an agent ad litem.
69. The power of attorney submitted by the parties to the people's court shall be sent to the people's court before the court session. If the power of attorney only says "full authorization" without specific authorization, the agent ad litem has no right to admit, abandon or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
Third, evidence.
70. The people's court shall collect investigation evidence by two or more people. The investigation materials shall be signed or sealed by the investigator, the respondent and the recorder.
7 1. The people's court shall issue a receipt for the evidence provided by the parties, indicating the name of the evidence, the time of receipt, the number of copies and the number of pages, which shall be signed or sealed by the judge or the clerk.
72. Evidence should be presented and debated and cross-examined in court. Evidence that should be kept confidential according to law, the people's court may decide whether to present it in court according to the specific circumstances. If it is necessary to present it, it may not be presented publicly.
73. According to the second paragraph of Article 64 of the Civil Procedure Law, the evidence collected by the people's court through investigation includes:
(1) The parties and their agents ad litem cannot collect it by themselves due to objective reasons;
(2) Where the people's court deems it necessary to conduct appraisal or inspection;
(3) The evidence provided by the parties is contradictory and cannot be identified;
(4) Other evidence that the people's court thinks should be collected by itself.
74. In litigation, the parties have the responsibility to provide evidence for their claims. However, in the next infringement lawsuit, if the defendant denies the infringement facts put forward by the plaintiff, the defendant shall bear the burden of proof:
(1) Patent infringement lawsuit caused by the invention patent of product manufacturing method;
(2) Infringement proceedings for damages caused by highly dangerous operations;
(3) Litigation for compensation for environmental pollution damage;
(4) Infringement proceedings in which buildings or other facilities, as well as shelving and hanging objects on buildings collapse and fall off, causing damage to people;
(5) Infringement proceedings for damage caused by raising animals;
(6) Relevant laws stipulate that the defendant shall bear the burden of proof.
75. The parties need not prove the following facts:
(1) One party clearly acknowledges the facts of the case and the claim made by the other party;
(2) well-known facts and natural laws and theorems;
(3) Other facts that can be inferred according to laws or known facts;
(4) The facts ascertained by the legally effective judgment of the people's court;
(five) the facts proved by a valid notarial certificate.
76. The people's court shall, according to the specific circumstances, designate the parties to submit evidence within a reasonable time limit. If it is really difficult for a party to submit an application within the specified time limit, it shall apply to the people's court for an extension before the expiration of the specified time limit. The extension period shall be decided by the people's court.
77. According to Article 65 of the Civil Procedure Law, the certification documents submitted by the relevant units to the people's court shall be signed or sealed by the person in charge of the unit and stamped with the seal of the unit.
78. The evidence material is a copy, and the provider refuses to provide the original or the original clue, and there is no other material to prove it, and the other party refuses to admit it, which shall not be used as the basis for ascertaining the facts in the lawsuit.
Four. Duration and delivery
79. According to the second paragraph of Article 75 of the Civil Procedure Law, all daily periods in civil proceedings are counted from the next day.
80. If the time limit for filing a case stipulated in Article 112 of the Civil Procedure Law is corrected by the plaintiff due to insufficient contents of the complaint, it shall be counted from the day after the correction is submitted to the people's court. Cases transferred by the people's court at a higher level to the people's court at a lower level or the people's court at the grass-roots level to the relevant people's court for acceptance shall be counted from the day after the defendant's court or the people's court receives the complaint.
8 1. The service of litigation documents to a legal person or other organization shall be signed or sealed by the legal representative of the legal person, the main person in charge of the organization or the person in charge of receiving documents such as the office, mail room and duty room. If a legal person refuses to sign or seal, it may be served by lien.
82? If the addressee refuses to accept the litigation documents, and the representatives or other witnesses of the relevant grass-roots organizations or units are unwilling to sign or seal the service receipt, the addressee shall record the situation on the service receipt and leave the service documents at the addressee's residence, which shall be deemed as service.
83. If the addressee has an agent ad litem, the people's court may serve the addressee or his agent ad litem. If the person to be served entrusts an agent ad litem to collect it, it shall be served by lien when it is served on the agent ad litem.
84. The conciliation statement shall be served directly on the parties themselves, and shall not be served by lien. If the parties are unable to sign for it for some reason, they may sign for it on their behalf by their designated agents.
85. If it is delivered by post, it shall be accompanied by a service receipt. If the date of receipt indicated on the registered letter receipt is inconsistent with the date of receipt indicated on the delivery receipt, or if the delivery receipt is not sent back, the date of receipt indicated on the registered letter receipt shall be the date of delivery.
86. In accordance with the provisions of Article 80 of the Civil Procedure Law, if other people's courts are entrusted to serve on their behalf, the entrusting court shall issue a power of attorney, together with the litigation documents to be served and the service receipt. The date of delivery shall be based on the date of receipt by the addressee.
87. According to Articles 81 and 82 of the Civil Procedure Law, if the litigation documents are delivered to the relevant units, the date of receipt indicated by the addressee shall be the date of delivery.
88. When the announcement is served, it can be posted on the bulletin board of the court, the original residence of the addressee, or published in a newspaper; If there are special requirements for the delivery method of the announcement, the announcement shall be made in the required way. Upon the expiration of the announcement, it shall be deemed to have been delivered.
89. If a copy of the complaint or appeal is served by public announcement, the main points of the complaint or appeal, the time limit for the respondent to reply and the legal consequences of failing to reply within the time limit shall be explained; When the summons is served by public announcement, the place and time of appearing in court and the legal consequences of not appearing in court after the time limit shall be clearly stated; If the written judgment or ruling is served by public announcement, the main contents of the written judgment shall be stated, and if the hearing is held, the right to appeal, the time limit for appeal and the people's court of appeal shall also be stated.
90. When the people's court regularly pronounced a verdict, if the parties refused to sign the written judgment or ruling, it shall be deemed as delivered, and it shall be noted in the written judgment or ruling.
Verb (short for verb) reconciliation
9 1. After accepting the case, the people's court thinks that the legal relationship is clear and the facts are clear, and mediation can be conducted with the consent of both parties.
92. In trying civil cases, the people's courts shall conduct mediation on the basis of voluntariness and legality. If one or both parties insist on refusing mediation, the people's court shall make a timely judgment.
When trying divorce cases, the people's courts should mediate, but it should not be delayed for a long time.
93. When the people's court mediates a case, if the parties are unable to appear in court for some reason, they may specially entrust their agents to participate in mediation, and the mediation agreement reached may be signed by the entrusted agents.
If the parties to a divorce case are really unable to appear in court for mediation due to special circumstances, they shall issue written opinions, unless they are unable to express their wishes.
94. A divorce case of a person without civil capacity shall be represented by his legal representative. If the legal representative and the other party reach an agreement to issue a judgment, they may make a judgment according to the contents of the agreement.
95. If one party refuses to sign the conciliation statement, the conciliation statement will not take legal effect, and the people's court shall promptly notify the other party.
96. If the conciliation statement cannot be delivered to both parties, the effective date of the conciliation statement shall be the date when the parties who receive the conciliation statement sign for it.
97. If a people's court mediates a case in which a third party has no independent claim and needs to determine that the third party has no independent claim, it shall obtain the consent of the third party and serve the conciliation statement on the third party at the same time. If the third party reneges before the conciliation statement is served, the people's court shall make a timely judgment.
The intransitive verb property preservation and prior execution.
98. According to Articles 92 and 93 of the Civil Procedure Law, if the people's court orders the applicant to provide a guarantee when adopting pre-litigation property preservation or litigation property preservation, the amount of guarantee provided shall be equivalent to the amount requested for preservation.
99? When the people's court takes preservation measures for seasonal commodities, fresh, perishable and other items that are not suitable for long-term preservation, it may order the parties concerned to deal with them in time, and the people's court shall preserve them; When necessary, the people's court may sell it and keep the price.
100. When the people's court takes property preservation measures to seal up or detain property, it shall properly keep the sealed-up or detained property. The parties concerned, the relevant units or individuals are responsible for the custody, and the people's court shall not use the property.